Rocco D. Longo v. The Pittsburgh and Lake Erie Railroad Company, New York Central System

HASTIE, Circuit Judge.

In this action, brought under the Federal Employers’ Liability Act by a railroad worker against his employer for negligent injury suffered while railroading, the district court granted summary judgment on the ground that the pleadings and the plaintiff’s own deposition established that the action was barred by the applicable three years statute of limitations. 1 On this appeal the plaintiff contends that the record disclosed a need to try a disputed factual issue, whether circumstances, particularly the defendant railroad’s own conduct, were such as to estop the…