Wisnewski v. Baltimore & Ohio R. Co.

STALEY, Circuit Judge.

This was an action by plaintiff, a pedestrian, against defendant railroad to recover damages for personal injuries suffered by plaintiff in a grade crossing accident. After verdict and judgment for plaintiff, the motions of defendant for judgment n. o. v. and for a new trial were denied.

Diversity of citizenship is the basis of federal jurisdiction, and Pennsylvania law governs the substantive rights of the parties. Erie Railroad Co. v. Tompkins, 1938, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188.

The facts, interpreted in the light most favorable to plaintiff, briefly are as…