Court of Appeals for the Second Circuit July 7, 1958, 230, Docket 24897 (Vincent J. Dellaripa, Administrator of the Estate of Alfred Dellaripa v. The New York, New Haven & Hartford Railroad Company)

WATERMAN, Circuit Judge.

On November 14, 1954 Alfred Del-laripa, while in the employ of the defendant, sustained severe injuries which resulted in his death later the same day. His brother, Vincent Dellaripa, was appointed administrator of Alfred’s estate and, on March 8, 1955, commenced the present action under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq.