BOWLIN v. PITTSBURGH AND LAKE ERIE RAILROAD COMPANY

No. 13939.

310 F.2d 372 (1962)

Charles F. BOWLIN, Appellant, v. The PITTSBURGH AND LAKE ERIE RAILROAD COMPANY, a Corporation.

United States Court of Appeals Third Circuit.

Decided November 21, 1962.


Attorney(s) appearing for the Case

Thomas Park Shearer, Pittsburgh, Pa., (Brandon & Shearer, Pittsburgh, Pa., on the brief), for appellant.

Gordon E. Neuenschwander, Pittsburgh, Pa., for appellee.

Before STALEY, HASTIE and SMITH, Circuit Judges.


PER CURIAM.

This is a Federal Employers' Liability Act case in which the complaint was dismissed on motion before trial. The order of dismissal recites "that plaintiff's pleadings and Pretrial Narrative Statement do not sufficiently allege negligence on the part of the defendant". The plaintiff has appealed.

The complaint asserted that the plaintiff, a trainman employed by the defendant, was injured on his job when rust from a freight car, recently loaded...

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