FORSMAN v. PENNSYLVANIA RAILROAD COMPANY

Nos. 13174, 13175.

280 F.2d 315 (1960)

Paul M. FORSMAN v. PENNSYLVANIA RAILROAD COMPANY, a Corporation v. JOHN F. CASEY COMPANY.

United States Court of Appeals Third Circuit.

June 22, 1960.


Attorney(s) appearing for the Case

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

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

Hamilton A. Robinson, Pittsburgh, Pa. (Dickie, McCamey, Chilcote & Robinson, Pittsburgh, Pa., on the brief), for third-party defendant.

Before GOODRICH, McLAUGHLIN and STALEY, Circuit Judges.


McLAUGHLIN, Circuit Judge.

In this Federal Employers' Liability action plaintiff recovered a verdict against defendant, his railroad employer. The latter had sued John F. Casey Company as a third party defendant. In that action the jury decided in favor of the Casey concern. The railroad appeals from both judgments.

On April 16, 1955, plaintiff was employed by Pennsylvania Railroad Company as a car rider on its No. 4 eastbound hump (an artificial hill) in...

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