Kantakevich v. Delaware, Lackawanna & Western Railroad

Brown, C. C. J.

The defendant moves to quash the summons and set aside the complaint in the above entitled cause or in the alternative refuse to entertain jurisdiction. According to the allegations in the complaint the plaintiff is a resident of Scranton, Pennsylvania, and the defendant is a corporation organized and existing by virtue of the laws of that state. In September, 1937, the plaintiff was injured at Scranton while crossing the railroad tracks of the defendant. It is charged the plaintiff at the time was using a pathway which because of its general use by the public became a…