De Gennaro v. Pennsylvania R. Co.

BARD, District Judge.

This is a motion by plaintiff to strike a defense from defendant’s amended answer to the complaint.

Plaintiff brought the present action for personal injuries under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., alleging that she was engaged in interstate employment, and that while so employed she was injured through defendant’s negligence. Defendant, in its amended answer to the complaint, asserted as a second and separate defense, that plaintiff has no right of action under the Federal Employers’ Liability Act because the Pennsylvania Workmen’s…