Gibson v. Kennedy

The opinion of the court was delivered by

Weintraub, J.

Defendant, Pennsylvania Railroad Company, appealed to the Appellate Division from a judgment against it in the sum of $25,000 entered upon a jury verdict. We certified the appeal on our own motion. The judgment also ran against defendant’s employee, Kennedy, who, however, did not appeal.

The action with respect to the railroad was grounded upon the Pederal Employers’ Liability Act, 45 U. S. O. A., sec. 51, which provides that a railroad engaged in interstate commerce shall be liable for injury to or death of its employees “resulting in…