NUTTALL v. READING COMPANY

No. 11773.

235 F.2d 546 (1956)

Florence M. NUTTALL, Executrix of the Estate of Clarence O. Nuttal, Deceased, Appellant, v. READING COMPANY.

United States Court of Appeals Third Circuit.

Decided July 5, 1956.

Rehearing Denied September 7, 1956.


Attorney(s) appearing for the Case

Joseph S. Lord, 3d, Philadelphia, Pa., B. Nathaniel Richter, Philadelphia, Pa. (Richter, Lord, Farage & Levy, Philadelphia, Pa., on the brief), for appellant.

John R. McConnell, Philadelphia, Pa. (Morgan, Lewis & Bockius, Philadelphia, Pa., on the brief), for appellee.

Before GOODRICH, KALODNER and HASTIE, Circuit Judges


GOODRICH, Circuit Judge.

This is an appeal from a judgment for the defendant in a suit brought by the plaintiff as Executrix of the estate of her deceased husband. Claims are made both under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 and the Boiler Inspection Act, 45 U.S.C.A. § 23.

The case was tried twice. At the first trial plaintiff recovered a verdict of $30,000. The district court, however, ordered a new trial. At this trial the...

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