JAMES v. PENNSYLVANIA RAILROAD COMPANY

No. 10679.

196 F.2d 1021 (1952)

Stanford JAMES, Appellee, v. PENNSYLVANIA RAILROAD COMPANY, Appellant.

United States Court of Appeals Third Circuit.

Decided June 4, 1952.


Attorney(s) appearing for the Case

Bruce R. Martin, Dalzell, Pringle, Bredin & Martin, on the brief, Pittsburgh, Pa., for appellant.

John E. Evans, Jr., Pittsburgh, Pa. (Evans, Ivory & Evans, Pittsburgh, Pa., on the brief), for appellee.

Before McLAUGHLIN, KALODNER and STALEY, Circuit Judges.


PER CURIAM.

The primary question here was — When should appellee have known that he had the silicosis condition from which he claimed to be suffering at the time of the trial? This was properly submitted to the jury by the district judge under the doctrine of Urie v. Thompson, 337 U.S. 163, 170, 69 S.Ct. 1018, 93 L.Ed. 1282.

Any inference unfavorable to appellant that might have been drawn from the trial court's comment...

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