Nos. 13444-13446.

290 F.2d 296 (1961)

Harry G. SEABOLDT v. PENNSYLVANIA RAILROAD COMPANY (Defendant and Third-Party Plaintiff), Appellant, v. THOMPSON MAHOGANY COMPANY (Third-Party Defendant).

United States Court of Appeals Third Circuit.

Decided May 8, 1961.

Rehearings Denied May 26, 1961 and June 20, 1961.

Attorney(s) appearing for the Case

B. Nathaniel Richter, Philadelphia, Pa. (Charles A. Lord, Richter, Lord & Levy, Philadelphia, Pa., on the brief), for plaintiff.

F. Hastings Griffin, Philadelphia, Pa., (Barnes, Dechert, Price, Myers & Rhoads, Philadelphia, Pa., on the brief), for appellant.

Lynn L. Detweiler, Philadelphia, Pa., (Swartz, Campbell & Henry, Philadelphia, Pa., on the brief), for third-party defendant.

Before GOODRICH, McLAUGHLIN and HASTIE, Circuit Judges.

GOODRICH, Circuit Judge.

This is an appeal from a judgment against the Pennsylvania Railroad for personal injuries suffered by Harry G. Seaboldt, the plaintiff, and against the Railroad in its action against Thompson Mahogany Company (Thompson), third-party defendant.

The plaintiff alleged injury from a back strain suffered when he was endeavoring to open a gate which led into Thompson's premises. The Railroad had...


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