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TROUT v. PENNSYLVANIA RAILROAD COMPANY

No. 13729.

300 F.2d 826 (1962)

Nelson H. TROUT, Appellant, v. The PENNSYLVANIA RAILROAD COMPANY.

United States Court of Appeals Third Circuit.

Decided March 16, 1962.

Attorney(s) appearing for the Case

Jack E. Feinberg, Philadelphia, Pa. (B. Nathaniel Richter, Kenneth Syken, Richter, Lord & Levy, Philadelphia, Pa., on the brief), for appellant.

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

Before KALODNER, STALEY and SMITH, Circuit Judges.

STALEY, Circuit Judge.

Nelson H. Trout brought an action under both the Safety Appliance Act, 45 U.S.C.A. § 1 et seq. ("SAA"), and the Federal Employers' Liability Act, 45 U.S. C.A. § 51 et seq. ("FELA"), to recover damages for personal injuries sustained while he was attempting to brake a car in the course of his employment for defendant Pennsylvania Railroad Company. The district court granted defendant's motion for a directed verdict on the SAA claim...

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