Kelly v. General Electric Co.

CLARY, District Judge.

This is an action instituted by plaintiff, an employee of General Electric Company, under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., to recover for injuries sustained when he was run down by a switching engine, owned and operated by the defendant, on its tracks within the confines of its plant at 69th Street and Elmwood Avenue, Philadelphia, Pennsylvania. The matter is presently before me on defendant’s motion for judgment on the ground that the complaint fails to set forth a cause of action under the Federal Employers’ Liability Act in that the…