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LABES v. NEW JERSEY TRANSIT RAIL OPERATIONS, INC.

863 A.2d 1195 (2004)

David F. LABES, Appellant v. NEW JERSEY TRANSIT RAIL OPERATIONS, INC., Appellee.

Superior Court of Pennsylvania.

Filed December 9, 2004.

Attorney(s) appearing for the Case

James Prokupick, Philadelphia, for appellant.

James E. Egbert, Philadelphia, for appellee.

Before: KLEIN, McCAFFERY, and OLSZEWSKI, JJ.

OPINION BY McCAFFERY, J:

¶ 1 Appellant, David F. Labes, asks us to determine whether the trial court erred in refusing to remove the non-suit entered against him at trial. Specifically, we must decide whether Appellant presented adequate evidence of negligence, pursuant to the Federal Employers' Liability Act ("FELA")1, to permit his case to be decided by a jury. We hold that under FELA's liberal evidentiary standards, Appellant did...

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