James Klinkner v. The Pittsburgh & West Virginia Railway Company

Third Circuit

James Klinkner v. The Pittsburgh & West Virginia Railway Company

301 F.2d 907, 1962 U.S. App. LEXIS 5198

Court of Appeals for the Third Circuit·Decided May 3, 1962·No. 13878·Published

Opinion

PER CURIAM.

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.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

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.

James Klinkner v. The Pittsburgh & West Virginia Railway Company, 301 F.2d 907, 1962 U.S. App. LEXIS 5198 (3d Cir. 1962).

Pincite

301 F.2d 907 (James Klinkner v. The Pittsburgh & West Virginia Railway Company) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related