Kelley v. Western Pacific Railroad

HARRIS, District Judge.

Plaintiff, administrator of the estate of Richard H. Manverse, has brought an action against The Western Pacific Railroad Company, charging it with responsibility for the death of the late Richard Manverse who was employed in an accounting capacity by defendant.

The railroad has moved for summary judgment. In support of its motion it has filed an affidavit which asserts that decedent died in an automobile accident at a time and under circumstances which were unconnected with his employment and that were in no way within the scope of decedent’s employment. More…