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DULL v. NEW YORK CENTRAL RAILROAD

Civ. A. No. 20978.

196 F.Supp. 120 (1961)

Carl DULL, Plaintiff, v. NEW YORK CENTRAL RAILROAD, a Michigan corporation, Defendant.

United States District Court E. D. Michigan, S. D.

July 14, 1961.

Attorney(s) appearing for the Case

Kelly, Kelly & Kelly, Jackson, Mich., for plaintiff.

Patrick E. Hackett, Detroit, Mich., for defendant.

FEIKENS, District Judge.

This matter comes before the Court on defendant-employer's motion to dismiss its employee's complaint for the reason that plaintiff does not state a cause of action under Title 45, Sec. 51, U.S.C.A. (Federal Employers' Liability Act).

Plaintiff proceeds here alleging that the defendant was guilty of direct negligence. He claims that the defendant was negligent in hiring and retaining in its employment plaintiff's co-employee who defendant...

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