Benscoter v. B. G. Coon Construction Co.

PiNOLA, J.,

Additional defendant has filed three preliminary objections: (1) Paragraph *8511 of the complaint should be stricken because defendant cannot sue additional defendant railroad under the Federal Employers’ Liability Act; (2) defendant has no right under the pleadings to maintain an action against it, and (3) paragraph 12 of the complaint should be stricken because plaintiff has no right of action against additional defendant under the common law or statutory law of the State.

On October 11, 1954, plaintiff was a passenger on a small motor car operated by a fellow employe of the Lackawanna…