Dougherty v. Gutenstein

PATTERSON, District Judge.

The motion is to dismiss the complaint on its face, on the ground that it does not state -facts sufficient to constitute a cause of action, and on the further ground that the court has no jurisdiction of the subject of the action.

The action is at law. The complaint alleged that the plaintiff suffered personal injuries through the negligence of the defendant’s intestate, one Albright, in an automobile collision occurring in the state of New Jersey; that the defendant’s intestate, who has since died, was a resident of New York, and that the defendant was appointed his…