Ciarolla v. Union Railroad Co.

Opinion by

Cercone, J.,

This appeal arises from the lower court’s granting of the defendant-railroad’s motion for a compulsory non-suit in an action for damages brought under the Federal Employer’s Liability Act, 45 U.S.C. §§51-60 (1971) *139(FELA). The plaintiff’s claim for relief rested upon two wholly separate accidents which occurred while plaintiff was an employee of the railroad working in their “bridge and buildings department” as a repairman. The two incidents will be separately described below.

The Peters Creek Bridge Accident

In July of 1969 Patsy Ciarolla, the plaintiff, and a crew of men…