VALO v. MONESSEN SOUTHWESTERN RAILWAY COMPANY

No. 17194.

407 F.2d 1400 (1969)

Mike VALO v. MONESSEN SOUTHWESTERN RAILWAY COMPANY, a corporation, Appellant.

United States Court of Appeals Third Circuit.

Decided March 12, 1969.


Attorney(s) appearing for the Case

Paul A. Manion, Reed, Smith, Shaw & McClay, Pittsburgh, Pa. (Francis St. C. O'Leary, Pittsburgh, Pa., on the brief), for appellant.

Paul E. Moses, Evans, Ivory & Evans, Pittsburgh, Pa. (Robert B. Ivory, Pittsburgh, Pa., on the brief), for appellee.

Before McLAUGHLIN, STALEY and VAN DUSEN, Circuit Judges.


GERALD McLAUGHLIN, Circuit Judge.

Monessen Southwestern Railway Company (Monessen), an industrial carrier admittedly engaged in interstate commerce, appeals from a District Court judgment based on a jury verdict against it and in favor of the personal injury plaintiff-appellee. The case involves the application of the Federal Employers' Liability Act, 35 Stat. 65 (1908), as amended 53 Stat. 1404 (1939), 45 U.S. C.A. § 51, which reads, in part, as follows:

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