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WOODINGTON v. PENNSYLVANIA RAILROAD COMPANY

No. 334, Docket 24000.

236 F.2d 760 (1956)

Wallace WOODINGTON, Plaintiff-Appellee, v. The PENNSYLVANIA RAILROAD COMPANY and S. J. Groves & Sons Co., Inc., a Minnesota corporation, Eagle, Pennsylvania, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided August 22, 1956.

Attorney(s) appearing for the Case

Philip Price, Philadelphia, Pa. (Robert M. Landis, Philadelphia, Pa., and David J. Mountan, Jr., of Conboy, Hewitt, O'Brien & Boardman, New York City, on the brief), for defendant-appellant Pennsylvania R. Co.

John F. X. Finn, New York City (Cohen & McGuirk and Constantine P. Lambos, New York City, on the brief), for defendant-appellant S. J. Groves & Sons Co., Inc.

B. Nathaniel Richter, of Richter, Lord & Levy, Philadelphia, Pa. (Leo Gitlin, New York City, on the brief), for plaintiff-appellee.

Before CLARK, Chief Judge, and HINCKS and LUMBARD, Circuit Judges.

CLARK, Chief Judge.

This is an appeal by both defendants from a judgment against both in the amount of $297,500 entered after trial before Judge Bicks and a jury. Plaintiff Woodington, a Pennsylvania Railroad engineman, sustained serious injuries when the freight train on which he was then acting as fireman collided with a six-wheel, motor-powered crane weighing more than 24½ tons, which stalled on the railroad tracks at the Longs Road grade crossing near King...

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