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COMER v. PENNSYLVANIA RAILROAD COMPANY

No. 84, Docket 28096.

323 F.2d 863 (1963)

Josephine T. COMER, Administratrix of the Estate of Harold V. Comer, Plaintiff-Appellant v. PENNSYLVANIA RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided October 22, 1963.

Attorney(s) appearing for the Case

Nathan Baker, Hoboken, N. J. (Bernard Chazen and Baker, Garber & Chazen, Hoboken, N. J., on the brief), for plaintiff-appellant.

David J. Mountain, Jr., New York City (Myron D. Cohen and Conboy, Hewitt, O'Brien & Boardman, New York City, on the brief), for defendant-appellee.

Before LUMBARD, Chief Judge, and MEDINA and FRIENDLY, Circuit Judges.

PER CURIAM.

We affirm in open court a judgment entered on a jury verdict for defendant in this F. E. L. A. death action against the Pennsylvania Railroad. It is claimed that a verdict should have been directed in plaintiff's favor and that it was prejudicial error to receive in evidence a record card of the railroad containing matter relating to the conduct of a "key" witness for plaintiff and to his discharge or resignation from the employ of the railroad. There...

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