DRAPER v. ERIE RAILROAD COMPANY

No. 13329.

285 F.2d 255 (1960)

Cedric D. DRAPER v. ERIE RAILROAD COMPANY, a corporation, Appellant.

United States Court of Appeals Third Circuit.

Decided December 29, 1960.


Attorney(s) appearing for the Case

James M. Arensberg, Pittsburgh, Pa. (B. A. Karlowitz, Patterson, Crawford, Arensberg & Dunn, Pittsburgh, Pa., on the brief), for appellant.

Dennis C. Harrington, Pittsburgh, Pa. (Gene K. Lynch, McArdle, Harrington & McLaughlin, Pittsburgh, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and GOODRICH and FORMAN, Circuit Judges.


GOODRICH, Circuit Judge.

This is an appeal from a judgment in which the plaintiff claimed both under the F.E.L.A., 45 U.S.C.A. § 51, and the Safety Appliances Act, 45 U.S.C.A. § 11. He recovered a verdict of $85,000 on which judgment has been entered. The defendant complains of the trial judge's refusal to give an instruction that the sole basis of any verdict which the jury could return against the defendant must rest upon a finding that he fell from the...

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