Tatham v. Wabash Railroad

This is an action under the Federal Employers’ Liability Act. The trial court sustained defendant’s motion to strike plaintiff’s second amended complaint, plaintiff elected to stand by the pleading, and the trial court entered an order sustaining the motion to strike and entered judgment for defendant with costs. Plaintiff appeals.

The second amended complaint alleges that on December 7, 1945, defendant railroad was engaged in interstate commerce, that plaintiff was employed by it in interstate commerce in the capacity “of gang foreman in the defendant’s shop,” and that both plaintiff and…