Dale v. Baltimore & Ohio Railroad

OPINION OF THE COURT

ROWLEY, Judge:

This is an appeal from the Judgment entered on a jury’s verdict in favor of plaintiff, Howard F. Dale, following the denial of post-trial motions and the assessment of delay damages pursuant to Pa.R.C.P. 238. The plaintiff brought this action in trespass under the Federal Employers’ Liability Act, 45 U.S.C. §§ 51-60 (1972) (FELA), for injuries he sustained in the course of his employment with appellant, The Baltimore & Ohio Railroad Company (B & 0). Plaintiff alleged that he was totally disabled as a result of developing asbestosis from continuous exposure to…