Susie Ann Graham v. The Pennsylvania Railroad and the Washington Terminal Company

This action in tort was pending on July 1, 1963, when certain amendments to Rule 25(a) (1) of the Federal Rules of Civil Procedure became effective. The effect of these changes was to require, as to a deceased party, dismissal of an action unless a motion for substitution is filed within 90 days after a suggestion of death is made upon the record. In this case, plaintiffs’ counsel were advised on or about July 23, 1963, that plaintiff David Graham had died on May 17, 1963. Plaintiffs’ counsel thereupon filed a formal suggestion of such death in the District Court on July 24, 1963. On February…