SUNDERLAND v. PITTSBURGH & LAKE ERIE R. CO.

No. 14963.

344 F.2d 960 (1965)

Richard N. SUNDERLAND, Administrator of the Estate of Sherman E. Sunderland, Deceased, Appellee, v. The PITTSBURGH & LAKE ERIE RAILROAD COMPANY, Appellant.

United States Court of Appeals Third Circuit.

Decided March 17, 1965.


Attorney(s) appearing for the Case

Gilbert J. Helwig, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for appellant.

Frank J. Kernan, Pittsburgh, Pa. (Edwin Ellis, P. J. McArdle, Pittsburgh, Pa., on the brief), for appellee.

Before McLAUGHLIN, FORMAN and GANEY, Circuit Judges.


PER CURIAM.

In the first appeal in this litigation we held it presented questions of fact which should have been presented to the jury. At the second trial the court concluded that the issue on negligence was for the jury. The latter decided in favor of the plaintiff.

Both the merits and damages were argued carefully and precisely on behalf of appellant. The testimony tending to show the proximate fault of the railroad was sparse but under it the court was...

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