Legal Opinion

Sabat v. Pennsylvania Railroad

District Court, E.D. New York

Decided January 6, 1958No. Civ. No. 14914PublishedCited by 3 opinions

1Opinion of the Court

BYERS, Chief Judge.

The United States, as third-party defendant, moves to dismiss the third-party complaint for failure to state a claim, etc. by reason of limitation (28 U.S.C. § 2401(b)).

The action by the plaintiff against the third-party plaintiff (Pennsylvania Railroad Company) was the subject of a complaint filed November 10, 1954 to which answer was filed December 1, 1954.

The third-party complaint was filed July 19, 1957.

Plaintiff’s asserted cause is under the F.E.L.A., 45 U.S.C.A. § 51 et seq., and Safety Appliance Acts, 45 U.S.C.A. § 1 et seq. The presently material part of the…

2Cases cited5 opinions

  1. Brown v. CranstonCourt of Appeals for the Second Circuit · 1942
  2. The Chicago, Rock Island and Pacific Railway Company, a Corp. v. The United States of AmericaCourt of Appeals for the Seventh Circuit · 1955
  3. Ryan Stevedoring Co. v. United StatesCourt of Appeals for the Second Circuit · 1949
  4. Esso Standard Oil Co. v. United StatesCourt of Appeals for the Second Circuit · 1949
  5. Wise v. Stockard S. S. Corp.District Court, E.D. New York · 1948

3Cited by3 opinions

  1. Northwest Airlines, Inc. v. Glenn L. Martin Co.District Court, D. Maryland · 1958
  2. Litts v. Refrigerated Transport Co., Inc.District Court, M.D. Pennsylvania · 1973
  3. State Farm Mutual Automobile Insurance Co. v. PerryCourt of Civil Appeals of Oklahoma · 2004

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