Hankinson v. Pennsylvania Railroad Company

KRAFT, District Judge.

The United States, one of two defendants in this case, moves to dismiss the amended complaint on the ground that the pleading itself discloses that plaintiff’s claim against the government is barred by the statute of limitations.

Plaintiff’s original complaint, filed July 17, 1956, sought recovery only against the Pennsylvania Railroad Co. under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., for an injury suffered on July 29, 1955. The railroad answered on August 10, 1956’ and, some months later, joined the United States as third-party defendant. The…