Mason v. New York Cent. R.

BURKE, District Judge.

This is a motion by defendant for summary judgment. The action is brought under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq. The answer puts in issue all the allegations of the complaint except that at the time and place alleged in the complaint the defendant owned and operated a railroad in interstate commerce. The papers in support of the motion deal only with the question whether the cause of action for injuries alleged to have occurred on October 16th, 1945 during the course of plaintiff’s employment by defendant was released under an alleged…