INCH, Chief Judge.
This is a motion by defendant to dismiss the Fourth and Fifth causes of action set forth in the complaint on the ground that they fail to state facts sufficient to constitute a cause of action.
The complaint alleges that the deceased, Henry A. Archambeault, was killed on November 22, 1950 at Kew Gardens, Long Island, while riding as a passenger on a train owned and operated by the Trustees of the Long Island Rail Road Company. The deceased...
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