WERGIN v. MONESSEN SOUTHWESTERN RAILWAY CO.

No. 12519.

258 F.2d 806 (1958)

Catherine WERGIN, Administratrix of the Estate of Russell L. Wergin, deceased, Appellant, v. MONESSEN SOUTHWESTERN RAILWAY CO., a Corporation.

United States Court of Appeals Third Circuit.

Decided August 27, 1958.


Attorney(s) appearing for the Case

Albert D. Brandon, Pittsburgh, Pa. (Calvin K. Prine, Oliver, Brandon & Shearer, Pittsburgh, Pa., on the brief), for appellant.

Gilbert J. Helwig, Pittsburgh, Pa. (Reed, Smith, Shaw & McClay, Pittsburgh, Pa., on the brief), for appellee.

Before MARIS, GOODRICH and McLAUGHLIN, Circuit Judges.


McLAUGHLIN, Circuit Judge.

Judgment was entered n. o. v. for the defendant in this Federal Employers' Liability death action and plaintiff appeals.

Russell L. Wergin, plaintiff's decedent, was employed by the defendant railroad as a brakeman in switching and sorting cars. On the morning of July 29, 1954, he, then forty-six years old, was driven to work by his wife. He was wearing clean trousers and shirt. He had his work shoes on. He left the car at one of...

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