CARNEY v. PITTSBURGH & LAKE ERIE RAILROAD COMPANY

No. 13906.

316 F.2d 277 (1963)

John R. CARNEY v. PITTSBURGH & LAKE ERIE RAILROAD COMPANY, a Corporation, Appellant.

United States Court of Appeals Third Circuit.

Decided March 27, 1963.


Attorney(s) appearing for the Case

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

John M. Feeney, Jr., Pittsburgh, Pa. (Gene K. Lynch, McArdle, Harrington & McLaughlin, Pittsburgh, Pa., on the brief), for appellee.

Before McLAUGHLIN and HASTIE, Circuit Judges, and DUMBAULD, District Judge.


McLAUGHLIN, Circuit Judge.

In this Federal Employers' Liability action, appellee was injured while asleep and off-duty, as a consequence of his fall from a negligently maintained bed in the Pittsburgh & Lake Erie Railroad Young Men's Christian Association in Campbell, Ohio.

Plaintiff, a communications lineman, was assigned with his gang to work on a project at defendant's yard near Youngstown, Ohio. Since he lived and had his headquarters in Pittsburgh...

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