Michael Glus v. Brooklyn Eastern District Terminal

On May 2, 1957, the plaintiff brought •suit under the Federal Employers’ Liability Act, 45 U.S.C. §§ 51 et seq., to recover damages for an industrial disease allegedly contracted by him in 1952 as a result of working for defendant under unsafe conditions. In granting the defendant’s motion to dismiss, Judge Bryan wrote a cogent opinion, D.C.S.D. N.Y., 154 F.Supp. 863, pointing out that, while there were decisions the other way, this Court was committed to the majority view that a period of limitation, “built in” the statute as is the three-year bar here, 45 U.S.C. § 56, could not be tolled by…