Atella v. General Electric Co.

DAY, District Judge.

This is an action wherein the plaintiff, a painter, seeks to recover damages alleged to have been sustained while he was working as a painter on the defendant’s premises. In his complaint he alleges that while so employed he was walking on a staging and came in contact with an unsecured angle iron which gave way, struck him, causing him to lose his balance, to jump from the staging to save himself from falling to the floor, and thereby sustain the injuries for which he seeks damages. Prior to filing its answer the defendant, under Rule 14 of the Federal Rules of Civil…