John C. Starnes v. Pennsylvania Railroad Company

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 v. Iovino, 362 U.S. 949, 80 S.Ct. 860, 4 L. Ed.2d 867; and although there and in Bush v. Remington Rand, Inc., 2 Cir., 213 F.2d 456, certiorari denied Remington Rand, Inc. v.…