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HARTLEY v. BALTIMORE & O. R. CO.

Nos. 10480, 10481.

194 F.2d 560 (1952)

HARTLEY v. BALTIMORE & O. R. CO. HARTLEY v. READING CO.

United States Court of Appeals Third Circuit.

Decided February 26, 1952.

Rehearing Denied March 15, 1952.

Attorney(s) appearing for the Case

Howard Burtt, Philadelphia, Pa. (Guckes, Shrader & Burtt, Philadelphia, Pa., on the brief), for appellant Baltimore & O. R. Co.

John R. McConnell, Philadelphia, Pa. (Morgan, Lewis & Bockius, Philadelphia, Pa., on the brief), for appellant Reading Co.

Milford J. Meyer, Philadelphia, Pa. (Meyer, Lasch, Hankin & Poul, Philadelphia, Pa., on the brief), for appellee.

Before GOODRICH, McLAUGHLIN and HASTIE, Circuit Judges.

McLAUGHLIN, Circuit Judge.

These cases arose out of a single accident to appellee. They were tried together and resulted in a judgment against each defendant for $29,000. That sum, it was agreed by all concerned, was assessed by the jury as appellee's total recovery. Both defendants appealed.

The Reading Belmont yard, Philadelphia, Pa., is an interchange point. Just east of it the Baltimore and Ohio tracks join the Reading tracks. Cars being delivered by Baltimore...

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