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MULL v. COLT CO.

178 F.Supp. 720 (1959)

John Joseph MULL, Plaintiff, v. COLT CO., Inc., Max Fermaglick, Edwin Ackerman, Seymour Ackerman, Samuel T. Goodman, Andrea Service Corp., West Side Maintenance Corp., King Ford Motors, Inc., and Ford Motor Company, Inc., Defendants.

United States District Court S. D. New York.

December 3, 1959.

Attorney(s) appearing for the Case

Lawrence Lauer, New York City, for plaintiff.

Norbert Ruttenberg, New York City, for defendant Edwin Ackerman, Edward Cherney, New York City, of counsel.

METZNER, District Judge.

Defendant Edwin Ackerman moves pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., to dismiss the complaint as to him on the ground that it fails to state a claim upon which relief can be granted.

The plaintiff seeks recovery for damages suffered as the result of the alleged negligence of the defendants. A taxicab owned by defendant Colt Co., Inc. ran into the plaintiff, crushing both of his legs. The case...

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