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FASSBINDER v. PENNSYLVANIA RAILROAD COMPANY

No. 13723.

322 F.2d 859 (1963)

George W. FASSBINDER, Appellant, v. PENNSYLVANIA RAILROAD COMPANY, a corporation.

United States Court of Appeals Third Circuit.

Reargued September 21, 1962.

Reargued April 4, 1963.

Decided September 16, 1963.

Attorney(s) appearing for the Case

James E. McLaughlin, Pittsburgh, Pa. (McArdle, Harrington & McLaughlin, Pittsburgh, Pa., Charles Alan Wright, Austin, Tex., on the brief), for appellant.

Judd N. Poffinberger, Jr., Pittsburgh, Pa. (C. M. Grimstad, Kirkpatrick, Pomeroy, Lockhart & Johnson, Pittsburgh, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge and McLAUGHLIN, KALODNER, STALEY, HASTIE, GANEY and SMITH, Circuit Judges.

Reargued En Banc April 4, 1963.

KALODNER, Circuit Judge.

The first trial in plaintiff's personal injury action under the Federal Employers' Liability Act,1 resulted in a jury verdict of $11,750 in his favor. The trial judge granted a new trial which resulted in a jury verdict in the defendant's favor.

The instant appeal presented the critical issue as to whether reversible error was committed in granting a new trial; specifically...

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