James Klinkner v. The Pittsburgh & West Virginia Railway Company

U.S. Court of Appeals for the Third Circuit
James Klinkner v. The Pittsburgh & West Virginia Railway Company, 301 F.2d 907 (3d Cir. 1962)
1962 U.S. App. LEXIS 5198
Biggs, Goodrich, Per Curiam, Sheridan

James Klinkner v. The Pittsburgh & West Virginia Railway Company

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.

Reference

Full Case Name
James KLINKNER, Appellant, v. the PITTSBURGH & WEST VIRGINIA RAILWAY COMPANY
Status
Published