O'Donnell v. Geneva Metal Wheel Co.

McAllister, circuit judge.

The above cause came on to be heard on appellee’s petition for rehearing in which it is contended that the reference by the court in its opinion to Pennsylvania Railroad v. Goldie, 6 Cir., 182 F.2d 9 stated the law as based upon decisions oi the Supreme Court involving the Federal Employers’ Liability Act 45 U.S.C.A. § 51 et. seq. and that that case, delineating the functions of the jury to pass upon issues of fact and the function of the court to determine whether there is substantial evidence to submit such issues to the jury, is inapplicable to the present…