Fischer v. United States Fidelity & Guaranty Co.

DAY, District Judge.

In this action 'jurisdiction of which is based upon diversity of citizenship and -the existence of a controversy in the required amount the defendant has moved to dismiss the plaintiff’s complaint or, in the alternative, for summary judgment upon the ground that said complaint fails to state a claim upon which relief can be granted.

Plaintiff’s complaint is very brief. After the usual jurisdictional averments it alleges that the plaintiff on, to wit, August 15, 1952, was an employee of one Laura Dean at her home in Little Compton, Rhode Island; that while so employed he was…