John P. Beisel v. Monessen Southwestern Railway Company, a Corporation

KALODNER, Circuit Judge.

The plaintiff, an employee of the defendant railroad company, brought this action to recover damages for injuries sustained while tightening a hand brake on one of the defendant’s “dump” cars. Liability was asserted under the Federal Employers’ Liability Act 1 and the Safety Appliance Act. 2 The District Court entered judgment for the defendant pursuant to the jury’s verdict. 3

This appeal followed the denial of plaintiff’s motion for a new trial. 4

The plaintiff contended before the jury that his injury resulted from an inefficient hand brake on the “dump” car in…