Bernard J. Mahoney v. New York Central Railroad and Universal Concrete Pipe Company

LUMBARD, Circuit Judge.

Plaintiff Bernard J. Mahoney brought suit against defendant New York Central Railroad under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., for injuries he sustained in the course of his duties as yard clerk in the employ of the railroad. Plaintiff, a resident of New York, also joined Universal Concrete Pipe Company, an Ohio corporation, as a defendant because of diverse citizenship.

At about 3:30 A. M. on December 11, 1953, while Mahoney was engaged in marking a train in the New York Central’s Goodman Street yards in Rochester, New York, the train began…