Kelly v. Delaware River Joint Commission

The case at bar presents a question of pleading. The plaintiff filed his complaint on January 21, 1949, alleging that he had suffered injuries while working on the Delaware River Bridge and seeking damages. The Philadelphia Transportation Company filed a motion to dismiss the complaint on February 15, 1949, and J. I. Hass Co., Inc., and The Delaware River Joint Commission filed similar motions six days later. On July 18, 1949 the court below dismissed the complaint as to all three defendants for the reasons stated in D.C. 85 F.Supp. 15. The judgment thus achieved was a final and appealable one but no appeal was taken.