Reynolds v. Cincinnati, N. O. & T. P. Ry. Co.

SWINFORD, District Judge.

The record is before me on the defendant’s motion to dismiss the complaint on the grounds that the plaintiff lacks capacity to sue. The action is brought under the Federal Employers’ Liability Act, §§ 1-10, 45 U.S.C.A. §§ 51-60.

The complaint alleges that the plaintiff qualified as the administratrix of the estate of Ollie James Reynolds before the County Court of Morgan County, Tennessee, a court of suitable and competent jurisdiction ; that the plaintiff’s decedent was killed through the negligence of the defendant, its agents and employees, near Oakdale, Tennessee…