Fuller v. American Telephone & Telegraph Co.

SWEENEY, District Judge.

This is an action at law set out in two counts in the plaintiff’s declaration. Under the Conformity Act, 28 U.S.C.A. § 724, this court will follow the practice and mode of pleading of the commonwealth of Massachusetts, and resort will be had to decisions of the Massachusetts .courts. See Norfolk & Portsmouth Traction Co. v. Rephan, 4 Cir., 188 F. 276.

In count 1 of the plaintiff’s declaration, the plaintiff alleges that the plaintiff’s husband was injured while in the employ of the defendant, and that in discharge of the duty owed to him the defendant treated the…