NATIONAL PASSENGER RR. CORP. v. MAYLIE

No. 90-1101.

910 F.2d 1181 (1990)

NATIONAL PASSENGER RAILROAD CORPORATION a/k/a Amtrak, Appellant, v. Robert J. MAYLIE, Jr.

United States Court of Appeals, Third Circuit.

Decided August 28, 1990.

Rehearing and Rehearing Denied September 26, 1990.


Attorney(s) appearing for the Case

Richard L. Goerwitz (argued), Swartz, Campbell and Detweiler, Philadelphia, Pa., for appellant.

Joseph Smukler (argued), Meyer, Lasch, Hankin and Poul, Philadelphia, Pa., for appellee.

Before HIGGINBOTHAM, Chief Judge, and HUTCHINSON and NYGAARD, Circuit Judges.


Rehearing and Rehearing In Banc Denied September 26, 1990.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Chief Judge.

On May 11, 1981, appellee, Robert J. Maylie, brought an action against appellant, Amtrak, pursuant to the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq., for injuries he sustained during the course of his employment. Following a jury trial, a judgment in favor of Amtrak was entered on March 15, 1982.

Maylie...

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