Winkler v. Pringle, Civ. A. No. 62-808.
Citation | 214 F. Supp. 125 |
Decision Date | 10 January 1963 |
Docket Number | Civ. A. No. 62-808. |
Parties | Edmund WINKLER, Plaintiff, v. Samuel W. PRINGLE and the Pennsylvania Railroad Company, a Corporation, Defendants. |
Court | U.S. District Court — Eastern District of Pennsylvania |
Edmund Winkler, pro se.
Bruce R. Martin, Pringle, Bredin & Martin, Pittsburgh, Pa., for defendants.
The plaintiff here was an unsuccessful plaintiff in a negligence action in the Court of Common Pleas of Allegheny County at No. 1227 January, 1958, where he was represented by his own counsel. Thereafter at No. 2180 April 1962, the plaintiff in propria personam filed a complaint in the same court by which he charged defendant's counsel, in the prior case, with making defamatory remarks, by which he was damaged. The defendant filed preliminary objections to this latter complaint in the nature of a demurrer. The preliminary objections were sustained by a court en banc, on the well reasoned opinion of Judge Aldisert. Edmund Winkler v. Samuel W. Pringle and The Pennsylvania Railroad Company, 110 P.L.J. 323 (1962). On September 4, 1962, plaintiff again in propria personam filed an appeal to the Supreme Court of Pennsylvania from the dismissal of this complaint in the Court of Common Pleas. As of this date that appeal is still pending.
The plaintiff's action here against the defendants is for the violation of his civil rights.1 Defendants' motion for dismissal is based upon the reason that plaintiff's complaint does not set out a cause of action. The Court agrees with the defendant. In fact, it is obvious that under no circumstances can the plaintiff prevail upon the facts averred and as they appear of record. Since the plaintiff has incorporated in his complaint the proceedings had in the Common Pleas Court, they are here considered factually.
Plaintiff attempts to meet jurisdictional requirements as to diversity of citizenship by invoking the Civil Rights Act, 42 U.S.C.A. § 1981 et seq. Judge Maris of the Third Circuit Court discusses this question in Williams v. Yellow Cab Co. of Pittsburgh, Pa., 200 F.2d 302 at page 307 (3rd Cir.) (1952):
Plaintiff does not argue or contend that any of the named parties in the above suit...
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Pugliano v. Staziak
...1962), cert. denied 372 U.S. 931, 83 S.Ct. 878, 9 L.Ed.2d 735; Roberts v. Barbosa, 227 F.Supp. 20 (S.D. Cal.1964); cf. Winkler v. Pringle, 214 F.Supp. 125 (W.D.Pa.1963), aff'd 324 F. 2d 613 (3d Cir. 1963), cert. denied, 84 S.Ct. 1169. It is not enough to state bare conclusory allegations wi......
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Winkler v. Pringle, 16757-16759.
...1962 (a civil rights action filed as C.A. 62-808, W.D.Pa.), which had been finally determined by dismissal in 1964. See Winkler v. Pringle, 214 F.Supp. 125 (W.D.Pa. 1963), aff'd 324 F.2d 613 (3rd Cir. 1963), cert. den. 377 U.S. 908, 84 S.Ct. 1169, 12 L.Ed.2d 178 (1964). A brief in support o......
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