WEIGAND v. PENNSYLVANIA RAILROAD COMPANY

No. 12789.

267 F.2d 281 (1959)

George S. WEIGAND, Appellant, v. PENNSYLVANIA RAILROAD COMPANY, a Corporation.

United States Court of Appeals Third Circuit.

Decided May 20, 1959.


Attorney(s) appearing for the Case

Samuel L. Goldstein, Pittsburgh, Pa. (Alexander L. Suto, Suto, Power, Goldstein & Walsh, Pittsburgh, Pa., on the brief), for appellant.

Bruce R. Martin, Pittsburgh, Pa. (Pringle, Bredin & Martin, Pittsburgh, Pa., on the brief), for appellee.

Before McLAUGHLIN, KALODNER and STALEY, Circuit Judges.


McLAUGHLIN, Circuit Judge.

In this Federal Employers' Liability action the single point on appeal is whether the trial court erred in denying plaintiff's request to charge res ipsa loquitur.

Plaintiff, employed as a freight conductor by the railroad defendant, while walking from the Wilkinsburg, Pennsylvania, yard office of the defendant across its property towards his train, stepped into a space between intervening railroad tracks. As he did the ground beneath...

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