Pinkstaff v. the Pennsylvania R. Co.

Plaintiff sued under the Federal Employers’ Liability Act and the Federal Safety Appliance Act to recover damages for personal injuries sustained by him while employed as brakeman for defendant, the Pennsylvania Railroad Company. Trial by jury resulted in a verdict and judgment in his favor for $50,000. His motion for a new trial was denied, and he appeals.

It appears that on March 29, 1955, at about twelve-thirty in the afternoon, defendant’s switching crew was bringing into coal mine No. 32 of the Maumee Coal Company at Linton, Indiana, from mine No. 23, a distance of four to five miles,…