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SCHULTZ v. ERIE R. CO.

No. 4463.

46 F.2d 285 (1931)

SCHULTZ v. ERIE R. CO.

Circuit Court of Appeals, Third Circuit.

January 9, 1931.

Attorney(s) appearing for the Case

Charles G. Notari, Thomas M. Marshall, and Marshall & Marshall, all of Pittsburgh, Pa., for appellant.

Albert L. Thomas, of Meadville, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

In the court below John E. Schultz, hereafter called plaintiff, brought suit against Erie Railroad Company, hereafter called defendant, to recover damages for personal injury inflicted on him by the alleged negligence of defendant while operating a train. After hearing plaintiff's proofs, the trial judge granted a compulsory nonsuit on two grounds, first, that plaintiff was guilty of contributory negligence; and, second, that there was no...

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