Swan v. F. W. Woolworth Co.

This action is brought by the plaintiff to recover for the loss of services of his wife alleged to have been injured in the defendant’s department store.

The defendant moves for judgment upon the complaint and upon an affidavit which tends to show that the claim set forth in the complaint has been satisfied. The plaintiff has not filed any affidavit in opposition to the motion.

The affidavit sets forth that Emily Swan, the wife of the plaintiff, was, at the time she received the injuries complained of, an employee of the defendant and that such injuries were received in the course of her…