DiPaola v. Penn Central Transportation Co.

Plaintiff, the widow of a deceased employee of the defendant Pennsylvania Railroad Co., brought this action in the District Court alleging that the decedent was killed while acting in the course and scope of his employment within the meaning of the Federal Employers’ Liabiliy Act, 45 U. S. Code, Section 51 et seq. At the close of the plaintiff’s evidence the district judge took the case from the jury and granted a directed verdict for the railroad; the widow, Mrs. Elena T. DiPaola, has appealed; Ohio law controls.

*174The decedent, Peter DiPaola, was riding in an automobile furnished him by the…