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WIDDER v. NEW YORK, CHICAGO & ST. LOUIS RAILROAD COMPANY

No. 11849.

235 F.2d 752 (1956)

Russell D. WIDDER v. NEW YORK, CHICAGO & ST. LOUIS RAILROAD COMPANY, a corporation, Appellant.

United States Court of Appeals Third Circuit.

Decided July 12, 1956.

Attorney(s) appearing for the Case

Frank B. Quinn, Erie, Pa. (Quinn, Leemhuis, Plate & Dwyer, Erie, Pa., on the brief), for appellant.

James P. McArdle, Pittsburgh, Pa. (James E. McLaughlin, Pittsburgh, Pa., on the brief), for appellee.

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

PER CURIAM.

This is an appeal by the defendant from a judgment for the plaintiff in an action brought under the Federal Employers' Liability Act, § 1, 45 U.S. C.A. § 51. The plaintiff was employed by the defendant and was working in its yard at Brewster, Ohio, on the day he suffered an accident. His theory of the case was that the railroad was negligent in permitting the place where the plaintiff was engaged in switching to become unsafe through inadequate...

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