Gray v. Pennsylvania R.

CAFFEY, District Judge.

Plaintiff, an employee of defendant, sues under the Federal Employers’ Liability Act, §§ 1-10, 45 U.S.C.A. §§ 51-60, to recover for injuries claimed to have been sustained, while in the discharge of his duties, solely as the result of the negligence <of defendant, its servants, agents and employees. It is not alleged that defendant violated any statute enacted for the safety of employees.

Defendant, in addition to what is practically a general denial, pleads assumption of risk as a first complete defense, and, as both a complete and a partial defense, contributory…