No. 14022.

315 F.2d 606 (1963)

PITTSBURGH NATIONAL BANK, Administrator of the Estate of Clifford B. Waltham, Deceased, Appellant, v. The PENNSYLVANIA RAILROAD COMPANY.

United States Court of Appeals Third Circuit.

Decided April 2, 1963.

As Amended April 25, 1963.

Attorney(s) appearing for the Case

Jerry Burton Landis, Pittsburgh, Pa. (George S. Goldstein, Pittsburgh, Pa., on the brief), for appellant.

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

Before BIGGS, Chief Judge, STALEY, Circuit Judge, and LEAHY, District Judge.

BIGGS, Chief Judge.

This is an appeal by the plaintiff from an adverse judgment of the court below sitting without a jury. Pittsburgh National Bank brought this action under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., and the Safety Appliance Act, 45 U.S.C.A. §§ 1-23, seeking damages for the death of Clifford B. Waltham, an employee of the Railroad, on behalf of Ivor R. Waltham, an adult brother of the deceased who claims to be a...

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