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TARBORO v. READING COMPANY

No. 16413.

396 F.2d 941 (1968)

Percell TARBORO, Appellant, v. READING COMPANY and E. W. Coslett & Sons, Inc.

United States Court of Appeals Third Circuit.

Decided June 19, 1968.

Rehearing Denied August 19, 1968.

Attorney(s) appearing for the Case

Avram G. Adler, Freedman, Borowsky & Lorry, Philadelphia, Pa., for appellant.

William J. McKinley, Jr., Swartz, Campbell & Detweiler, Philadelphia, Pa. (Victor L. Drexel, Pepper, Hamilton & Scheetz, Philadelphia, Pa., on the brief), for appellees.

Before KALODNER, GANEY and SEITZ, Circuit Judges.

OPINION OF THE COURT

KALODNER, Circuit Judge.

The District Court entered Judgment in favor of the defendants after granting their motions for a directed verdict1 in the plaintiff's personal injury action under the Federal Employers' Liability Act2 and this appeal followed.

Plaintiff, at the time of his injury on July 2, 1962, was employed as a coal

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