DE PASCALE v. PENNSYLVANIA R. CO.

No. 10022.

180 F.2d 825 (1950)

DE PASCALE v. PENNSYLVANIA R. CO.

United States Court of Appeals Third Circuit

Decided March 2, 1950.


Attorney(s) appearing for the Case

Elias Magil, Philadelphia, Pa. (Richter, Lord & Farage, Philadelphia, Pa., on the brief), for appellant.

Joseph S. Clark, Jr., Philadelphia, Pa. (J. Peter Williams, Philadelphia, Pa., Barnes, Dechert, Price, Myers & Clark, Philadelphia, Pa., on the brief), for appellee.

Before GOODRICH, McLAUGHLIN and KALODNER, Circuit Judges.


McLAUGHLIN, Circuit Judge.

This is an action for personal injuries under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq. It was tried to a court and jury and resulted in a verdict in favor of the defendant. Plaintiff's motion for a new trial was denied. From the judgment in favor of the defendant and from the order denying the new trial, plaintiff appeals.

The rather unusual appeal argument is made that the verdict is against the weight...

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