Dinsel v. Pennsylvania Railroad

WALLACE S. GOURLEY, Chief Judge.

In this proceeding under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., substantial dispute exists between the parties as to the extent and nature of an alleged brain injury suS • tained by the plaintiff.

*884At a most extended pre-trial hearing, plaintiff’s counsel stated that it was •doubtful that he would call the plaintiff to testify in view of his mental condition resulting from the brain injury sustained in the accident. Defendant has requested the court to call the plaintiff as a witness in plaintiff’s case for purpose of cross-examination.…