Cafasso v. Pennsylvania R. Co.

MARIS, Circuit Judge.

This is an appeal from a judgment for the defendant, Pennsylvania Railroad Company, entered on the verdict of a jury in an action brought under the Federal Employers’ Liability Act 1 and the Safety Appliance Act 2 in the District Court for the Eastern District of Pennsylvania by the plaintiff, Clement A. Cafasso, a laborer employed by the Pennsylvania Railroad Company at its Altoona shops.

The plaintiff testified at the trial that on March 27, 1945, while raking and cleaning the grounds about the test department, two fellow-employees, Mazza and Lepore, asked him to help…