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STARNES v. PENNSYLVANIA RAILROAD COMPANY

No. 26, Docket 26932.

295 F.2d 704 (1961)

John C. STARNES, Plaintiff-Appellant, v. PENNSYLVANIA RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided October 31, 1961.

Attorney(s) appearing for the Case

Raymond Val Wayne, Jr., New York City (Bromsen & Gammerman, New York City, on the brief), for plaintiff-appellant.

David J. Mountan, Jr., of Conboy, Hewitt, O'Brien & Boardman, New York City (James S. Rowen, of Conboy, Hewitt, O'Brien & Boardman, New York City, on the brief), for defendant-appellee.

Before CLARK, WATERMAN, and MOORE, Circuit Judges.

PER CURIAM.

In a reasoned opinion, D.C.E.D.N.Y., 26 F.R.D. 625, Judge Mishler held that this FELA action must fail, since the plaintiff employee died after bringing the action and his widow as administratrix failed to seek substitution as plaintiff within the two-year period required by Fed.R.Civ.P. 25(a). We sustained this rule as valid in Iovino v. Waterson, 2 Cir., 274 F.2d 41, 79 A.L. R.2d 519, certiorari denied Carlin, Adm'x...

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