Dinsel v. Pennsylvania Railroad Company

GOURLEY, Chief Judge.

This is a petition in a proceeding under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., to direct C. W. Eckenrode, an employee of defendant corporation, to submit to an ophthalmological examination.

The facts are not in dispute that plaintiff and Eckenrode were employed together in the same gang, and that Eckenrode threw a stone from a freight car which struck plaintiff on the head while plaintiff was engaged in the furtherance of his employment in close proximity to the freight car where Eckenrode was engaged. Plaintiff predicates his primary allegation…