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BEISEL v. MONESSEN S. W. RY. CO.

Civ. No. 10029.

121 F.Supp. 604 (1954)

BEISEL v. MONESSEN S. W. RY. CO.

United States District Court W. D. Pennsylvania.

April 20, 1954.

Attorney(s) appearing for the Case

Frederic G. Weir, and Thomas P. Shearer, of Oliver, Brandon & Shearer, Pittsburgh, Pa., for plaintiff.

Gilbert Helwig, of Reed, Smith, Shaw & McClay, Pittsburgh, Pa., Francis St. C. O'Leary, Pittsburgh, Pa., for defendant.

MARSH, District Judge.

In this case the plaintiff originally grounded his claim for damages on negligence and a violation of the Safety Appliance Acts, 45 U.S.C.A. § 1 et seq., by averring that a hand brake on a dump car belonging to defendant was defective. Section 11, 45 U.S.C.A. At pretrial the defendant claimed another violation of the Safety Appliance Acts1 in that five or six dump cars in the operation involved were not equipped...

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