PANICHELLA v. PENNSYLVANIA RAILROAD COMPANY

Civ. A. No. 11511.

167 F.Supp. 345 (1958)

Nicola PANICHELLA, Plaintiff, v. PENNSYLVANIA RAILROAD COMPANY, a Corporation, Defendant & Third Party Plaintiff (WARNER BROTHERS PICTURES, Inc., a Corporation, Third Party Defendant).

United States District Court W. D. Pennsylvania.

October 23, 1958.


Attorney(s) appearing for the Case

James P. McArdle, Pittsburgh, Pa., for plaintiff.

John David Rhodes (of Pringle, Bredin & Martin), Pittsburgh, Pa., for defendant.

J. Lawrence McBride (of Dickie, McCamey, Chilcote & Robinson), Pittsburgh, Pa., for third party defendant.


GOURLEY, Chief Judge.

This is an action under the Federal Employers' Liability Act predicated upon the Railroad's negligence in requiring and permitting plaintiff to walk along a dangerous route while in a fatigued condition after a snow storm. 45 U.S. C.A. § 51 et seq. Plaintiff was injured when he fell on the premises of Warner Brothers Pictures, Inc., third party defendant.

For purposes of brevity, the following abbreviations will be employed:

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