Job v. Erie R.

RIFKIND, District Judge.

Defendant moves for summary judgment on the ground that there is no genuine issue as to any of the material facts which absolve defendant from liability and it is, therefore, entitled to judgment as a matter of law.

Plaintiff does not dispute the facts relied on by defendant to relieve it from liability. He denies that these facts justify the legal conclusion which defendant claims they support.

The action is under the Federal Employers’ Liability Act, § 1 et seq., 45 U.S.C.A. § 51 et seq., to recover damages for personal injuries sustained by plaintiff.

At the time of…