Legal Opinion
George W. Fassbinder v. Pennsylvania Railroad Company, a Corporation
Court of Appeals for the Third Circuit
Decided September 16, 1963No. 13723_1PublishedCited by 34 opinions
1Opinion of the Court
KALODNER, Circuit Judge.
The first trial in plaintiff’s personal injury action under the Federal Employers’ Liability Act,1 resulted in a jury verdict of $11,750 in his favor. The trial judge granted a new trial which resulted in a jury verdict in the defendant’s favor.
The instant appeal presented the critical issue as to whether reversible error was committed in granting a new trial; specifically, whether the trial judge abused his legal discretion in granting a new trial in that it was not “exercised in accordance with ascertainable legal standards” and was a usurpation of the function of…
2Cases cited23 opinions
- Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
- Sweeney v. ErvingSupreme Court of the United States · 1913
- Dan Lind v. Schenley Industries IncCourt of Appeals for the Third Circuit · 1960
- Johnson v. United StatesSupreme Court of the United States · 1948
- Jesionowski v. Boston & Maine RailroadSupreme Court of the United States · 1947
18 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Mrs. T. H. Duncan (C. W. Duncan, Administrator of the Estate of Mrs. T. H. Duncan, Deceased) v. W. Ray Duncan, Mrs. John Fain v. W. Ray DuncanCourt of Appeals for the Sixth Circuit · 1967
- Knight v. Otis Elevator Co.Court of Appeals for the Third Circuit · 1979
- Donald E. Beissel v. The Pittsburgh and Lake Erie Railroad Company, a CorporationCourt of Appeals for the Third Circuit · 1986
- Gross v. Stryker Corp.District Court, W.D. Pennsylvania · 2012
- Conchita S. Lewin, of the Estate of Sidney E. Lewin, Deceased v. Metropolitan Life Insurance CompanyCourt of Appeals for the Third Circuit · 1968
29 more not listed; retrieve them via the Exa API.