Raudenbush v. Baltimore & O. R. Co.

KALODNER, District Judge.

This is an action under the “Federal Employers’ Liability Act,” 45 U.S.C.A. § 51 et seq., and the “Safety Appliance Acts,” 45 U.S.C.A. § 1 et seq., for the recovery of damages resulting from the accidental death of an employee of the defendant railroad.

The complaint alleges in paragraph 5 that Raudenbush, the deceased, “was employed by the defendant and was working in the East Side Yards in Philadelphia, when, due to the negligence of the defendant, its agents, servants or employees, he was thrown under the wheels of a train and was fatally injured.” .

Paragraphs 7 and…