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WAGNER v. PENNSYLVANIA RAILROAD COMPANY

No. 13127.

282 F.2d 392 (1960)

Carl P. WAGNER, Appellant, v. PENNSYLVANIA RAILROAD COMPANY, a corporation.

United States Court of Appeals Third Circuit.

Decided September 8, 1960.

Attorney(s) appearing for the Case

P. J. McArdle, Pittsburgh, Pa. (Frank J. Kernan, Pittsburgh, Pa., on the brief), for appellant.

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

Before McLAUGHLIN, STALEY and FORMAN, Circuit Judges.

FORMAN, Circuit Judge.

Appellant, Carl P. Wagner, was injured while an employee of the Pennsylvania Railroad Company. At that time he was working with two other employees, John Moskiewski and Louis Belajac, at the task of changing the wheels of a freight car. His job was to operate an automatic four wheeled Baker crane with which he had lifted the bolster of the car so that its weight was borne by the crane. He got off the crane for the purpose of helping Belajac...

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