Worley v. Norfolk Southern Railway Co.

By Judge Clifford R. Weckstein

The plaintiff filed this suit under the Federal Employers Liability Act, 45 U.S.C. § 51 et seq. (Motion for Judgment (“M/J”), ¶ 2; Demurrer, ¶ 1.) Defendant Norfolk Southern Railway Company demurred, objecting to the manner in which the plaintiff described duties that the FELA imposes upon a railroad and to some of the adjectives and adverbs that the plaintiff employed in pleading his case. A demurrer, however, “tests the sufficiency offactual allegations to determine whether the motion for judgment states a cause of action.” Fun v. Virginia Military Inst., 245…