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HEISELMOYER v. PENNSYLVANIA RAILROAD COMPANY

Nos. 12044, 12045.

243 F.2d 773 (1957)

Raymond N. HEISELMOYER, Appellant, v. The PENNSYLVANIA RAILROAD COMPANY.

United States Court of Appeals Third Circuit.

Decided April 22, 1957.

Attorney(s) appearing for the Case

B. Nathaniel Richter, Philadelphia, Pa. (Richter, Lord & Levy, Philadelphia, Pa., on the brief), for appellant.

H. Francis DeLone, Philadelphia, Pa. (Raymond W. Midgett, Jr., Barnes, Dechert, Price, Myers & Rhoads, Philadelphia, Pa., on the brief), for appellee.

Before McLAUGHLIN, STALEY and HASTIE, Circuit Judges.

McLAUGHLIN, Circuit Judge.

Appellant claimed that while employed as an engineer by appellee railroad he sustained two separate accidents. In his complaint based on the first of these he stated that the action arose under the Federal Employers' Liability Act1 and under the Safety Appliance Acts.2 Later he said, "The accident hereinafter mentioned was caused by the defendant's violation of the Boiler Inspection...

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