Baglio v. New York Central Railroad

This is an action of tort under Federal Employers’ Liability Act, 45 U. S. C. (1958) §■§, 51-60, brought on April 1, 1959, to recover for an injury incurred on April 30, 1955, in the yard used by the defendant at Everett. The defendant pleaded the three year statute of limitations, § 56, and the plaintiff’s contributory negligence. The plaintiff filed a replication to the plea of the statute alleging that the defendant by its own fraud was estopped to raise the statute.

There was evidence that the plaintiff was a car inspector for the defendant and was injured while attempting to close a door…