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MATUSIAK v. PENNSYLVANIA RAILROAD COMPANY

Civ. A. No. 131-55.

134 F.Supp. 681 (1955)

Waclaw MATUSIAK, Plaintiff, v. PENNSYLVANIA RAILROAD COMPANY, Defendant.

United States District Court D. New Jersey.

October 4, 1955.

Attorney(s) appearing for the Case

Samuel M. Cole, Jersey City, N. J., for plaintiff, Edward J. Madden, Jersey City, N. J., of counsel.

John W. Taylor, Newark, N. J., for defendant, John R. Kingsland, Newark, N. J., of counsel.

MODARELLI, District Judge.

This is a motion by the defendant under Rule 12(b)(6) to dismiss the complaint on the ground that at the time of plaintiff's alleged injuries he was not employed by the defendant-carrier, as is required under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq.

The Act provides:

"Every common carrier by railroad while engaging in [interstate or foreign] commerce * * * shall be liable in damages to any person...

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