297 F. Supp. 595 | S.D.N.Y. | 1969
MEMORANDUM OPINION
This suit is brought as a class action
Defendant moves for judgment on the pleadings pursuant to Rule 12(c) Federal Rules of Civil Procedure.
Defendant, Penn Central Railroad Company’s other argument on this 12(c) motion is that the F. E. L. A. cannot be the basis for any civil action except an action for personal injury. That this is an issue which should be determined only after trial and legal argument is clear. Plaintiffs are alleging that the defendants have by violating Section 55 of the F. E. L. A.
Plaintiffs should have their day in court. Defendant’s motion is denied.
So ordered.
. Whether this is a proper Rule 23 class action is a question not now before this court, nor need this court consider this issue insofar as it should more properly be raised before the trial judge,
. “[T]he term “employees” as used in this paragraph shall include * * * persons who have become disabled or infirm in the service of any such common carrier * * *” 49 T.S.C. § 1(7).
. “Any contract, rule, regulation or device whatsoever the purpose or intent of which shall be to enable any common carrier to exempt itself from any liability created by this chapter, shall to that extent be void.” 45 U.S.C. § 55.