Kaufman

MEMORANDUM OF DECISION AND ORDER .

The plaintiff in this action contends that, while in the course of his employment as a switchman for Union Pacific Railroad Company, he climbed aboard a moving freight car and attempted to stop it by applying the hand brake. The hand brake failed to operate properly, with the result that the car crashed into another freight car, and the impact caused the plaintiff to be thrown to the ground and severely injured. It appears that the car from which the plaintiff fell was owned by the Southern Pacific Transportation Company.

The plaintiff sues both his employer, Union Pacific, and Southern Pacific under the provisions of the Federal Employers’ Liability Act, 45 U.S.C. § 51 et seq. He also charges each defendant with violation of the Railroad Safety Appliance Act, 45 U.S.C. § 11 , in that the car concerned was used without being equipped with an efficient hand brake.

Defendant Southern Pacific has moved that it be dismissed from the action on the ground of lack of this court’s jurisdiction. In considering such motion, this court has already notified counsel of its ruling that no federal cause of action has been asserted against Southern Pacific,…