Ignacic v. Penn Central Transportation Co.

SPAETH, Judge:

This appeal is from an order refusing to remove a compulsory nonsuit. The action is under the Federal Employers’ Liability Act (FELA), ch. 149, 35 Stat. 65 (1908), as amended, 45 U.S.C. § 51 et seq., to recover damages for injuries appellant claims he suffered in an accident he had while working as a pipefitter for appellee railroad. The lower court held that appellant failed to present evidence on the basis of which the jury could find, first, that appellant’s accident caused his injuries, and next, that a release appellant gave the railroad was based on such a mutual mistake…