Richards v. Atchison, Topeka & Santa Fe Railroad

STEPHENSON, Chief Judge.

This matter is now before the Court on defendant’s motion for summary judgment. This cause was removed to this Court on the grounds of diversity pursuant to 28 U.S.C. § 1441.

Plaintiffs, Cynthia L. Richards and Lee H. Richards, wife and husband, bring this action for damages on account of an injury sustained by plaintiff, Cyn*813thia L. Richards, in falling to the ground while said plaintiff was proceeding toward the depot after disembarking from defendant’s train during the night of October 30, 1962, at about 3:30 a. m. In Count I, plaintiff, Cynthia Richards, age 73 at…