SHENKER v. BALTIMORE AND OHIO RAILROAD COMPANY

No. 13755.

303 F.2d 596 (1962)

Michael SHENKER v. The BALTIMORE AND OHIO RAILROAD COMPANY, a Corporation, and The Pittsburgh & Lake Erie Railroad Company, a Corporation, The Baltimore and Ohio Railroad Company, Appellant.

United States Court of Appeals Third Circuit.

Decided April 11, 1962.

Rehearing Denied June 1, 1962.


Attorney(s) appearing for the Case

H. Fred Mercer, Pittsburgh, Pa. (Mercer & Buckley, Pittsburgh, Pa., on the brief), for appellant.

James A. Wright, Pittsburgh, Pa. (John Ruffalo, Youngstown, Ohio, on the brief), for appellee.

Before GOODRICH, KALODNER and GANEY, Circuit Judges.


GOODRICH, Circuit Judge.

The plaintiff recovered a judgment against the defendant, The Baltimore and Ohio Railroad (B&O), in a suit under the Federal Employers' Liability Act, 45 U. S.C.A. §§ 51-60. The incident which is the basis of the plaintiff's complaint took place in a railroad yard at New Castle, Pennsylvania, where the B&O and The Pittsburgh & Lake Erie Railroad Company (P&LE) have adjoining parallel tracks. Each railroad has its...

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