Kleckner v. Lehigh Valley R.

MOSCOWITZ, District Judge.

This is a motion to dismiss the complaint, on the ground’ that the plaintiff allegedly lacks capacity to sue. The action is one for wrongful death under the Federal Employers’ Liability Act, 45 U.S.C.A. §§ 51-59,. brought against the defendant, a Pennsylvania corporation doing business in New York. The injuries were sustained in the-State of New York while the decedent, a Pennsylvania resident, was engaged in interstate commerce in the employ of the defendant. This suit is brought by the duly qualified Pennsylvania administratrix of the decedent’s estate.

The…