KELLY v. PENNSYLVANIA RAILROAD COMPANY

No. 12074.

245 F.2d 408 (1957)

William F. KELLY v. PENNSYLVANIA RAILROAD COMPANY, Appellant.

United States Court of Appeals Third Circuit.

Decided May 16, 1957.

Rehearing Denied July 8, 1957.


Attorney(s) appearing for the Case

Philip Price, Philadelphia, Pa., (F. Hastings Griffin, Jr., Barnes, Dechert, Price, Myers & Rhoads, Philadelphia, Pa., on the brief), for appellant.

B. Nathaniel Richter, Philadelphia, Pa. (Charles A. Lord, Seymour I. Toll, Richter, Lord & Levy, Philadelphia, Pa., on the brief), for appellee.

Before GOODRICH and HASTIE, Circuit Judges, and McILVAINE, District Judge.


GOODRICH, Circuit Judge.

This is an appeal by defendant from a judgment for plaintiff and from a district court refusal to enter summary judgment in its favor in an action brought under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq.

Plaintiff was injured while working on the premises of the General Electric Company in West Philadelphia. He was hit by a locomotive which was moving some freight...

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