KENNEDY v. PENNSYLVANIA RAILROAD COMPANY

No. 12870.

282 F.2d 705 (1960)

John F. KENNEDY v. PENNSYLVANIA RAILROAD COMPANY, Defendant and Third-Party Plaintiff, Appellee, v. UNITED STATES STEEL CORPORATION, Third-Party Defendant, Appellant.

United States Court of Appeals Third Circuit.

Reargued June 20, 1960.

Decided September 14, 1960.


Attorney(s) appearing for the Case

Ira R. Hill, Pittsburgh, Pa. (Reed, Smith, Shaw & McClay, Pittsburgh, on the brief), for appellant.

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

Before BIGGS, Chief Judge, and McLAUGHLIN and STALEY, Circuit Judges.


McLAUGHLIN, Circuit Judge.

In this litigation under the Federal Employers' Liability Act, 45 U.S.C.A. § 51, the original plaintiff sued his employer, Pennsylvania Railroad Company (Railroad), for damages resulting from injuries sustained allegedly as the result of the railroad's negligence which consisted inter alia in faulty maintenance of the track involved and of inefficient air brakes on the train which plaintiff had been riding just prior to having jumped...

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