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KIMBLER v. PITTSBURGH & LAKE ERIE RAILROAD COMPANY

No. 14479.

331 F.2d 383 (1964)

Jocylin E. KIMBLER v. The PITTSBURGH & LAKE ERIE RAILROAD COMPANY, Appellant.

United States Court of Appeals Third Circuit.

Decided May 5, 1964.

Attorney(s) appearing for the Case

James R. Orr, Pittsburgh, Pa. (Reed Smith Shaw & McClay, Pittsburgh, Pa., on the brief), for appellant.

John M. Feeney, Pittsburgh, Pa. (Thomas L. Cooper, McArdle, Harrington & McLaughlin, Pittsburgh, Pa., on the brief), for appellee.

Before McLAUGHLIN, KALODNER and GANEY, Circuit Judges.

GANEY, Circuit Judge.

In a non-jury FELA action the trial court found the railroad employee and the railroad were equally responsible for the injuries she sustained.1 On this appeal from the judgment recovered by the employee, the railroad contends that the trial court erred in labeling certain omissions on its part as negligence, and even if its failure to have acted may be properly characterized as negligence, the plaintiff has failed...

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