Turnbaugh v. Pennsylvania Railroad

JOHN W. LORD, Jr., District Judge.

Before this Court for disposition is the motion of defendant to dismiss the present action. The ground for defendant's motion is the failure of plaintiff’s attorney to substitute a proper party within two years after the death of the plaintiff as required by Federal Rules of Civil Procedure 25(a) (1).

This is á case in which chronology and the pertinent provisions of rule provisions are vital. The following recital will therefore describe the events which have gone before in the order of their occurrence so far as possible.

Plaintiff, Lee M. Turnbaugh, a…