Kataoka v. May Department Stores Co.

YANKWICH, District Judge.

Motion of the plaintiff to dismiss the proceedings for lack of jurisdiction.

The Court is of the view that jurisdiction existed to hear the controversy. The Complaint sets forth three causes of action. In the first one no act of negligence is charged against Goddord, the employee. The negligent acts alleged in Paragraph XII are the maintenance of the escalator with the unguarded plates as an attractive nuisance.

There is no allegation that Goddord had any duties with relation to the escalator. Under the circumstances, the acts of negligence are .chargeable to the May…