MAZZUCOLA v. PENNSYLVANIA RAILROAD COMPANY

No. 13156.

281 F.2d 267 (1960)

Patrick MAZZUCOLA, Appellant, v. PENNSYLVANIA RAILROAD COMPANY.

United States Court of Appeals Third Circuit.

Decided July 20, 1960.


Attorney(s) appearing for the Case

Arnold M. Stein, Jersey City, N. J. (Samuel M. Cole, Jersey City, N. J., on the brief), for plaintiff-appellant.

Ronald D. Barrett, Newark, N. J. (Lum, Fairlie & Foster, Raymond W. Troy, and Ronald D. Barrett, Newark, N. J., on the brief), for defendant-appellee.

Before GOODRICH, McLAUGHLIN and STALEY, Circuit Judges.


GOODRICH, Circuit Judge.

Plaintiff has sued the Pennsylvania Railroad for personal injuries sustained when a railroad car which had just been moved crushed him between the end of the car and a caterpillar tractor which plaintiff was endeavoring to disconnect from the car at the time. The defendant won a motion for summary judgment from which the plaintiff appeals.

The complaint sets out two bases for recovery. One is that the plaintiff is entitled to the protection...

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