Leo T. Mooney v. Central Motor Lines, Inc.

McALLISTER, Circuit Judge.

The district court dismissed appellant's complaint, in a personal injury case, with prejudice. From a denial of a petition to set aside such order of dismissal, appellant seeks review.

Appellant’s claim for damages arose out of a collision at a railroad crossing between appellee’s truck and a Pennsylvania Railroad train on which appellant was engineer. On the day following the collision, appellant went to the office of the claim agent of the railroad and made a statement of the accident. Subsequently, the claim agent, in an interview with appellant, in the presence of…