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BEISEL v. MONESSEN SOUTHWESTERN RAILWAY COMPANY

No. 11357.

218 F.2d 273 (1955)

John P. BEISEL, Appellant, v. MONESSEN SOUTHWESTERN RAILWAY COMPANY, a Corporation.

United States Court of Appeals, Third Circuit.

Decided January 5, 1955.

Attorney(s) appearing for the Case

Frederic G. Weir, Pittsburgh, Pa. (Thomas Park Shearer, Oliver, Brandon & Shearer, Pittsburgh, Pa., on the brief), for appellant.

Gilbert J. Helwig, Pittsburgh, Pa. (Reed, Smith, Shaw & McClay, Pittsburgh, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and KALODNER and HARLAN, Circuit Judges.

KALODNER, Circuit Judge.

The plaintiff, an employee of the defendant railroad company, brought this action to recover damages for injuries sustained while tightening a hand brake on one of the defendant's "dump" cars. Liability was asserted under the Federal Employers' Liability Act1 and the Safety Appliance Act.2 The District Court entered judgment for the defendant pursuant to the jury's verdict.

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