Legal Opinion
Szajna v. Bessemer & Lake Erie Railroad
District Court, W.D. Pennsylvania
Decided May 21, 1970No. Civ. A. Nos. 66-1496, 66-1497Published
1Opinion of the Court
OPINION AND ORDER
MARSH, Chief Judge.
This action under the Federal Employers’ Liability Act and under the common law was tried to a jury which found that neither defendant was guilty of negligence with respect to the death of plaintiff’s decedent. The plaintiff has filed a motion for new trial contending that “the Court erred in charging the jury on Contributory Negligence when there was no evidence of Contributory Negligence”.1 In our opinion the motion should be denied.
There was in this case circumstantial evidence of contributory negligence, similar to that discussed in Gans v. Baltimore &…
2Cases cited6 opinions
- General Motors Corp. v. International UnionSupreme Court of the United States · 1967
- Wyman C. Lowe v. Taylor Steel Products Co., New Monarch MacHine and Stamping Co., and Kollwood, Inc., Each a CorporationCourt of Appeals for the Eighth Circuit · 1967
- Bass v. DehnerCourt of Appeals for the Tenth Circuit · 1939
- Sanders v. Glenshaw Glass Co., IncCourt of Appeals for the Third Circuit · 1953
- Lessie U. Gans, of the Estate of James L. Gans, Deceased v. Baltimore & Ohio Railroad CompanyCourt of Appeals for the Third Circuit · 1963
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