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PEHOWIC v. ERIE LACKAWANNA RAILROAD COMPANY

No. 18376.

430 F.2d 697 (1970)

Anthony S. PEHOWIC, Appellant, v. ERIE LACKAWANNA RAILROAD COMPANY.

United States Court of Appeals, Third Circuit.

Decided August 12, 1970.

Attorney(s) appearing for the Case

Jan M. Schlesinger, Schlesinger, Manuel & Schlosser, Mount Holly, N. J., for appellant (Alfred A. Faxon, III, Mount Holly, N. J., on the brief.)

James S. Cramer, Lamb, Blake, Hutchinson & Dunne, Jersey City, N. J., for appellee.

Before McLAUGHLIN, STALEY and ADAMS, Circuit Judges.

OPINION OF THE COURT

STALEY, Circuit Judge.

The plaintiff in this action, brought under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq., appeals from an adverse judgment. At the close of the plaintiff's presentation of his case, the defense moved for dismissal for failure to prove a prima facie case. This motion was granted and judgment was entered dismissing the action.1

In 1963, Anthony Pehowic, the...

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