Legal Opinion
De Pascale v. Pennsylvania R. Co
Court of Appeals for the Third Circuit
Decided March 2, 1950No. 10022_1PublishedCited by 19 opinions
1Opinion of the Court
McLAUGHLIN, Circuit Judge.
This i-s an action for personal injuries under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq. It was tried to a court and jury and resulted in a verdict in favor of the defendant. Plaintiff’s motion for a new trial was denied. From the judgment in favor of the' defendant and from the order denying the new trial, plaintiff appeals.
The rather unusual appeal argument is made that the verdict is against the weight of the evidence. The setting aside of a verdict and the allowance of a new trial for that reason is admittedly within the sound discretion of…
2Cases cited5 opinions
- Bailey v. Central Vermont Railway, Inc.Supreme Court of the United States · 1943
- Raudenbush v. Baltimore & OR Co.Court of Appeals for the Third Circuit · 1947
- Roedegir v. PhillipsCourt of Appeals for the Fourth Circuit · 1936
- McCoy v. GaddesCourt of Appeals for the Third Circuit · 1937
- Erie R. v. IronsCourt of Appeals for the Third Circuit · 1931
3Cited by19 opinions
- Thomas Fashauer, Jr. v. New Jersey Transit Rail Operations, IncCourt of Appeals for the Third Circuit · 1995
- Salotti v. Seaboard Coast Line Railroad Co.Supreme Court of Alabama · 1974
- Alexander F. Koshorek v. The Pennsylvania Railroad CompanyCourt of Appeals for the Third Circuit · 1963
- Pearl E. Dilley, Administratrix of the Estate of Glen D. Dilley, Deceased v. The Chesapeake & Ohio Railway CompanyCourt of Appeals for the Sixth Circuit · 1964
- George W. Gowins v. The Pennsylvania Railroad CompanyCourt of Appeals for the Sixth Circuit · 1962
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