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SUNDERLAND v. PITTSBURGH & LAKE ERIE RAILROAD COMPANY

No. 14072.

319 F.2d 809 (1963)

Richard N. SUNDERLAND, Administrator of the Estate of Sherman E. Sunderland, Deceased, Appellant, v. PITTSBURGH & LAKE ERIE RAILROAD COMPANY, Appellee.

United States Court of Appeals Third Circuit.

Filed July 17, 1963.

Attorney(s) appearing for the Case

Frank J. Kernan, Pittsburgh, Pa. (P. J. McArdle, Pittsburgh, Pa., on the brief), for appellant.

Gilbert J. Helwig, Pittsburgh, Pa. (Reed, Smith, Shaw & McClay, Pittsburgh, Pa., on the brief), for appellee.

Before STALEY and SMITH, Circuit Judges, and SHAW, District Judge.

WILLIAM F. SMITH, Circuit Judge.

This action for the alleged wrongful death of one Sherman E. Sunderland was brought by his personal representative under the Federal Employers' Liability Act, 45 U.S.C.A. § 51. The death of Sunderland resulted from injuries sustained when, during the course of his employment, he either fell or was thrown from the rear platform of a switch locomotive. The action was tried before the Court and a jury. At the conclusion of the plaintiff...

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