Mach v. Pennsylvania Railroad

McILVAINE, District Judge.

The plaintiff has filed a complaint under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51, et seq., and an amended complaint seeking to recover under the Jones Act, 46 U.S.C.A. § 688.

The defendant has filed its motion to dismiss the complaint. In respect to plaintiff’s action under the Federal Employers’ Liability Act, it is clear that plaintiff is not pressing that phase of the *472case, but will rely on its claim under the Jones Act. Accordingly, its claim under the Federal Employers’ Liability Act will be dismissed.

However, in respect to plaintiff’s claim under…