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BASSETT v. NEW YORK, CHICAGO & ST. LOUIS RAILROAD CO.

Nos. 11850, 11851.

235 F.2d 900 (1956)

Clyde M. BASSETT, Appellant, v. NEW YORK, CHICAGO & ST. LOUIS RAILROAD COMPANY, a corporation (two cases).

United States Court of Appeals Third Circuit.

Decided July 16, 1956.

Attorney(s) appearing for the Case

James P. McArdle, Pittsburgh, Pa. (James E. McLaughlin, Regis C. Nairn, Pittsburgh, Pa., on the brief), for Clyde M. Bassett.

Frank B. Quinn, Erie, Pa. (Quinn, Leemhuis, Plate & Dwyer, Erie, Pa., on the brief), for New York, Chicago & St. Louis R. R. Co.

Before GOODRICH and McLAUGHLIN, Circuit Judges, and VAN DUSEN, District Judge.

GOODRICH, Circuit Judge.

These two appeals arise out of the same accident. The plaintiff recovered a judgment in the trial court on a claim under the Federal Employers' Liability Act, § 1, 45 U.S.C.A. § 51, for injuries sustained while in the defendant's service. The jury returned a verdict for him, deducting a quarter of the amount of what it found to be the damage suffered because of the plaintiff's contributory negligence.

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