Furlong v. Stichman

METZNER, District Judge.

Plaintiff moves for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. The cause of action is predicated upon the Federal Employers’ Liability Act and federal law applies.

It appears from the complaint, the answers to the notice to admit (Rule 36) and plaintiff’s affidavit in support of this motion that a train owned and operated by defendant on which plaintiff was a conductor ran into another train owned and operated by defendant. The latter' train was at a halt at the time of impact and plaintiff was not operating the controls of…