Fitzgerald v. Pennsylvania Railroad

Opinion by

Parker, J.,

The plaintiff brought this action in trespass under the federal Employers’ Liability Act to recover damages for injuries received by him. The sole allegation of negligence, as to which proofs were offered on the trial of the cause, was that the injury was due to the failure of the defendant to furnish a sufficient number of men to perform an assigned task with safety to the plaintiff. A jury returned a verdict for plaintiff and thereafter judgment n. o. v. was entered for the defendant by the court below. Plaintiff has appealed to this court, complaining of the entry of…