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LEWIS v. PENN CENTRAL COMPANY

No. 71-1499.

459 F.2d 468 (1972)

Harry R. LEWIS, Appellant, v. PENN CENTRAL COMPANY, a corporation.

United States Court of Appeals, Third Circuit.

Decided April 26, 1972.

Attorney(s) appearing for the Case

Paul E. Moses, Evans, Ivory & Evans, Pittsburgh, Pa., for appellant.

Richard D. Klaber, Dickie, McCamey & Chilcote, Pittsburgh, Pa., for appellee.

Before ADAMS, and GIBBONS, Circuit Judges, and BECKER, District Judge.

OPINION OF THE COURT

PER CURIAM:

In 1965, while in charge of one of the defendant railroad's freight crews, plaintiff, Harry Lewis, was seriously injured. The crew had been ordered to place two railroad cars on a siding on which there were already several cars. The crew, without difficulty, was able properly to place one of the cars, but the placement of the second car was much more complex. Of the alternative means available, Lewis decided to swing the...

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