Wolf v. Hatboro Construction Co.

BODY, District Judge.

Plaintiff’s amended complaint as filed April 13, 1964 has been brought under the Pennsylvania Wrongful Death Act and the Survivor’s Act. Defendant has filed a motion to dismiss on the grounds that plaintiff’s amended complaint fails to state a claim or a cause of action against the defendant.

Paragraphs No. 4 and No. 5 of plaintiff’s amended complaint allege:

“4. On or about November 26, 1962, the late John S. Kopec died while employed by Hatboro Construction Co., Inc., as a result of the negligence of the said Hatboro Construction Co., Inc. Said negligence more fully…