Seward v. Nissen

LEAHY, District Judge.

Defendants have moved for summary judgment under rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, in an action seeking recovery for personal injuries resulting from a collision on August 20, 1939, between a car occupied by plaintiffs and another in which defendants were riding. The affidavits accompanying defendants’ motion assert that defendants were not the owners of the car in which they were riding, but that it belonged to one Ralph Tue — not a defendant herein — -who, on the day in question, had agreed to transport them for Six…