James v. Pennsylvania R.

BURNS, District Judge.

After a somewhat extended trial, the jury in the instant case returned a verdict which reads as follows: “And now, to wit: Feb. 28, 1951, we, the Jurors empaneled in the above-entitled case, find (1) the Pennsylvania Railroad Company guilty of negligence. (2) Silicosis contracted prior to 1946 and aggravated by subsequent employment with the Pennsylvania Railroad Co. (3) Plaintiff awarded thirty three thousand dollars.”

*242The motion before this Court for judgment or a new trial primarily raises tire question whether plaintiff is barred from recovery because of the…