Massimiani v. Monongahela Railway Co., Inc.

MEMORANDUM and ORDER

MeCUNE, District Judge.

This action was brought under the Federal Employers’ Liability Act, 45 U. S.C.A. § 51 et seq. We presently are confronted with defendant railroad’s motion to dismiss the complaint for failure to state a claim upon which relief can be granted.

For disposition of the motion we assume the correctness of the factual allegations of the complaint.

Plaintiff alleges that in 1968 he was suffering from certain diseases and disabilities which he had sustained while in defendant’s employ. Plaintiff alleges that defendant and its agents knew of plaintiff’s…