Waltz v. Chesapeake & O. Ry. Co.

LA BUY, District Judge.

This complaint is brought under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., to recover for the death of one of defendant’s employees. The alleged accident and death occurred near Muncie, Indiana. Plaintiff, widow of the decedent, was appointed administratrix of the decedent’s estate by the Circuit Court of Miami County, Indiana.

The motion before the court is to strike from defendant’s answer paragraphs 5 and 9 asserting two defenses, namely, the incapacity of plaintiff to bring suit in this court, and the lack of jurisdiction of this court.

The first…