From Casetext: Smarter Legal Research

Klinkner v. Pittsburgh West Virginia Ry. Co.

United States Court of Appeals, Third Circuit
May 3, 1962
301 F.2d 907 (3d Cir. 1962)

Opinion

No. 13878.

Argued April 5, 1962.

Decided May 3, 1962.

Appeal from the United States District Court for the Western District of Pennsylvania, McIlvaine, Judge.

Michael J. Pugliese, Pittsburgh, Pa. (Louis C. Glasso, Pittsburgh, Pa., on the brief), for appellant.

Judd N. Poffinberger, Jr., Pittsburgh, Pa. (C.M. Grimstad, Kirkpatrick, Pomeroy, Lockhart Johnson, Pittsburgh, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, GOODRICH, Circuit Judge, and SHERIDAN, District Judge.


This case was tried to the court. A judgment was entered in favor of the plaintiff-appellant but the total amount of damages awarded him was diminished by 40% by reason of his contributory negligence. It is from this reduction that he has appealed. We can perceive no error in what the trial court did. The diminution finds adequate support in the evidence of the contributory negligence of the appellant. Federal Employers' Liability Act, 45 U.S.C.A. § 53. Accordingly the judgment will be affirmed.


Summaries of

Klinkner v. Pittsburgh West Virginia Ry. Co.

United States Court of Appeals, Third Circuit
May 3, 1962
301 F.2d 907 (3d Cir. 1962)
Case details for

Klinkner v. Pittsburgh West Virginia Ry. Co.

Case Details

Full title:James KLINKNER, Appellant, v. The PITTSBURGH WEST VIRGINIA RAILWAY COMPANY

Court:United States Court of Appeals, Third Circuit

Date published: May 3, 1962

Citations

301 F.2d 907 (3d Cir. 1962)