Richard D. Difrischia v. New York Central Railroad Company, a Corporation

J. CULLEN GANEY, Circuit Judge.

Appellee was injured in a railroad crossing accident on Route 7, approximately one-half mile south of Middleport, Meigs County, Ohio, on January 4, 1957. He recovered a verdict in the United States District Court for the Western District of Pennsylvania against the appellant railroad.

The railroad claims that the trial court erred in charging the jury that if they found that it violated the Safety Appliance Acts (45 U.S.C.A. §§ 1-9) and the rules of the Interstate Commerce Commission, which together require that a “train” shall not be operated without having air…