Kestner v. Reading Co.

KIRKPATRICK, Chief Judge.

The plaintiff, a railroad employee, brought suit against his employer, the Reading Company, under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq. The cause of action stated was that “by reason of the negligence of the defendant the area in and about the tracks had been dug out unbeknown to the plaintiff”, as a result of which the plaintiff, in the performance of his duties, stepped into a hole and was injured.

The Reading Company brought in Chester Municipal Authority as a third party defendant, alleging merely that the plaintiff’s injuries, if any, were…