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BALTIMORE AND OHIO RAILROAD COMPANY v. JACKSON

No. 13013.

233 F.2d 660 (1956)

The BALTIMORE AND OHIO RAILROAD COMPANY, Appellant, v. Daniel T. JACKSON, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 7, 1956.

Attorney(s) appearing for the Case

Mr. Laidler B. Mackall, Washington, D. C., with whom Mr. George B. Mickum, III, Washington, D. C., was on the brief, for appellant.

Mr. Milford J. Meyer, Philadelphia, Pa., of the bar of the Supreme Court of Pennsylvania, pro hac vice, by special leave of Court, with whom Mr. Irving L. Chasen, Washington, D. C., was on the brief, for appellee. Mr. Irving A. Levine, Washington, D. C., also entered an appearance for appellee.

Before PRETTYMAN, DANAHER and BURGER, Circuit Judges.

BURGER, Circuit Judge.

A jury verdict was rendered in favor of appellee in an action under the Federal Employers' Liability Act1 for damages for personal injuries sustained in the course of his employment with The Baltimore and Ohio Railroad Company.

Appellee was injured in the derailment of a four-wheel motor track car which was then towing a four-wheel push truck along railroad tracks. The push truck weighed about 800 pounds...

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