Witiak v. Delaware & H. R. Corp.

WATSON, District Judge.

The plaintiff, Peter Witiak, administrator of the estate of Evelyn Witiak, deceased, sued the Delaware & Hudson Railroad Corporation to recover damages claimed to be due from the defendant as the result of an accident when Evelyn Witiak was struck by a train of defendant, was seriously injured, and died as a result a few hours after.

The defendant has moved to dismiss the action for the reason that the complaint fails to state a cause of action upon which relief can be granted.

In considering the motion we must take all that is alleged in the complaint as true and, in…