BURKEY v. MONTOUR RAILROAD COMPANY

No. 11493.

220 F.2d 743 (1955)

Joseph W. BURKEY v. MONTOUR RAILROAD COMPANY, a corporation, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 30, 1955.


Attorney(s) appearing for the Case

John R. Laubach, Jr., Pittsburgh, Pa., (Rose, Rose & Houston, Pittsburgh, Pa., on the brief), for appellant.

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

Before McLAUGHLIN, STALEY and HASTIE, Circuit Judges.


PER CURIAM.

In this personal injury Federal Employers' Liability action arising out of an accident, liability for which was admitted, the court submitted an interrogatory to the jury asking "Is the present condition of the left shoulder of plaintiff, Joseph W. Burkey, the proximate result of the occurrence of January 17, 1952?" The jury answer was "Yes".

On motion for a new trial the defense urged first, that the verdict in favor of the plaintiff and the special...

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