KELLY v. PENNSYLVANIA RAILROAD COMPANY

No. 11689.

228 F.2d 727 (1955)

William KELLY v. PENNSYLVANIA RAILROAD COMPANY.

United States Court of Appeals Third Circuit.

Decided December 29, 1955.


Attorney(s) appearing for the Case

Philip Price, Philadelphia, Pa. (F. Hastings Griffin, Jr., Philadelphia, Pa., Barnes, Dechert, Price, Myers & Rhoads, Philadelphia, Pa., on the brief), for appellant.

B. Nathaniel Richter, Philadelphia, Pa., for appellee.

Before BIGGS, Chief Judge, and MARIS and GOODRICH, Circuit Judges.


MARIS, Circuit Judge.

The plaintiff has moved to dismiss an appeal by the defendant from a judgment entered in the district court upon a verdict in the plaintiff's favor rendered in an action brought under the Federal Employers' Liability Act, 45 U. S.C.A. § 51 et seq. The motion is made upon the ground that the judgment is not yet final and hence not appealable.

The judgment was entered on the verdict in the district court on November 24, 1954. Five...

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