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SZAJNA v. BESSEMER AND LAKE ERIE RAILROAD COMPANY

Civ. A. Nos. 66-1496, 66-1497.

313 F.Supp. 576 (1970)

Walter J. SZAJNA, Administrator of the Estate of Edward Randall Knapp, Plaintiff, v. BESSEMER AND LAKE ERIE RAILROAD COMPANY, Defendant and Third-Party Plaintiff, v. ENICK TRUCKING, INC., Third-Party Defendant. Walter J. SZAJNA, Administrator of the Estate of Edward Randall Knapp, Plaintiff, v. ENICK TRUCKING, INC., Defendant and Third-Party Plaintiff, v. BESSEMER AND LAKE ERIE RAILROAD COMPANY, Third-Party Defendant.

United States District Court, W. D. Pennsylvania.

May 21, 1970.

Attorney(s) appearing for the Case

Ronald D. Ecker, Martin E. Geary, Pittsburgh, Pa., for plaintiff.

George Hardy Rowley, Voorhies, Dilley, Keck & Rowley, Greenville, Pa., for Bessemer and Lake Erie Railroad Co.

Wilbur McCoy Otto, Dickie, McCamey & Chilcote, Pittsburgh, Pa., for Enick Trucking, Inc.

OPINION AND ORDER

MARSH, Chief Judge.

This action under the Federal Employers' Liability Act and under the common law was tried to a jury which found that neither defendant was guilty of negligence with respect to the death of plaintiff's decedent. The plaintiff has filed a motion for new trial contending that "the Court erred in charging the jury on Contributory Negligence when there was no evidence of Contributory Negligence".1

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