Cole v. American President Lines, Ltd.

•LEVET, District Judge.

This is a motion by defendant Erie Railroad Company (hereinafter called Erie) for summary judgment, pursuant *335to Rule 56(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. to dismiss the amended complaint on the ground that there is no genuine issue as to any material fact and that it is entitled to a judgment as a matter of law.

Plaintiff, James Larkin, now deceased, having been a resident of New Jersey, originally instituted an action against the American President Lines, Ltd. (hereinafter called American) on or about November 24, 1954, in the Supreme Court of the…