Williams v. Pennsylvania R.

RODNEY, District Judge.

This case, which is a diversity case, is before the court upon the motion of defendants E. J..Lavino and Company, Mayor and Council of Wilmington, the Board of Harbor Commissioners and Edmund Winston Richardson, Manager, “for judgment for failure to state a claim upon which relief can be granted” as to Count IV of the complaint.

This is an action for damages for personal injuries alleged to have been suffered by plaintiff, an employee of the' Pennsylvania- Railroad Company, while working at the Marine Terminal, Wilmington, Delaware. In his complaint, as originally filed,…