MORRAN v. PENNSYLVANIA RAILROAD COMPANY

No. 14290.

321 F.2d 402 (1963)

David D. MORRAN, Appellant, v. PENNSYLVANIA RAILROAD COMPANY, a Corporation.

United States Court of Appeals Third Circuit.

Decided July 17, 1963.


Attorney(s) appearing for the Case

John A. DeMay, Pittsburgh, Pa. (Gerard H. Hamilton, McArdle, Harrington & McLaughlin, Pittsburgh, Pa., on the brief), for appellant.

William C. Walker, Pittsburgh, Pa. (Dickie, McCamey, Chilcote & Robinson, Pittsburgh, Pa., on the brief), for appellee.

Before HASTIE, GANEY and SMITH, Circuit Judges.


HASTIE, Circuit Judge.

Dissatisfied with the $8,000 general verdict of a jury in an F.E.L.A. case, the plaintiff, a railroad brakeman, has appealed from the judgment entered on that verdict against his employer, the Pennsylvania Railroad.

Over the plaintiff's objection, the trial judge charged the jury on contributory negligence and instructed them that their award might be reduced proportionately if they should find that plaintiff's injury resulted from his...

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