PERGOLA v. PENNSYLVANIA RAILROAD CO.

No. 14934.

311 F.2d 837 (1963)

John A. PERGOLA, Plaintiff-Appellant, v. The PENNSYLVANIA RAILROAD CO., Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

January 16, 1963.


Attorney(s) appearing for the Case

Marshall I. Nurenberg, Cleveland, Ohio (A. H. Dudnik, Cleveland, Ohio, on the brief), for appellant.

Charles F. Clarke, Cleveland, Ohio (David A. Nelson, Squire, Sanders & Dempsey, Cleveland, Ohio, on the brief), for appellee.

Before McALLISTER and WEICK, Circuit Judges, and BOYD, District Judge.


PER CURIAM.

The only question presented in this appeal is whether the District Court erred in directing the jury to return a verdict for defendant.

The action was one to recover damages for malicious prosecution. Plaintiff was employed as a brakeman by the Railroad. He was arrested on railroad property in the night season by one of its policemen after he had loaded two fifty pound bales of stainless steel in the trunk of his automobile and started to drive...

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