Lima v. Pennsylvania R.

WYZANSKI, District Judge.

The case is before the Court on defendant’s motion for summary judgment.

Plaintiff, a citizen of Massachusetts and an employee of Atlas Tack Company, seeks to recover for personal injuries sustained at Fairhaven, Massachusetts, while he was lawfully unloading a freight car at the company’s plant. Plaintiff asserts that his injuries were caused by falling through the rotten, broken_ and improperly patched floor of- a freight car. Defendant, the Pennsylvania Railroad Company, a Pennsylvania corporation, which was neither the owner nor the initial carrier, had acted -as…