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SHENKER v. BALTIMORE AND OHIO RAILROAD COMPANY

Civ. A. No. 16438.

196 F.Supp. 108 (1961)

Michael SHENKER, Plaintiff, v. BALTIMORE AND OHIO RAILROAD COMPANY, a corporation, and the Pittsburgh & Lake Erie Railroad Company, a corporation, Defendants.

United States District Court W. D. Pennsylvania.

August 8, 1961.

Attorney(s) appearing for the Case

John Ruffalo, Youngstown, Ohio, James A. Wright, Pittsburgh, Pa., for plaintiff.

H. Fred Mercer, Mercer & Buckley, Pittsburgh, Pa., for defendants.

MARSH, District Judge.

In this F.E.L.A., 45 U.S.C.A. § 51 et seq., case, there was evidence from which the jury could have found the following facts: On October 15, 1956, the 49-year-old plaintiff was employed by the defendant, Baltimore and Ohio Railroad Company (B. & O.) as a baggageman, his duties, inter alia, being to assist in loading and unloading mail cars at the passenger stations of defendants, B. & O. and The Pittsburgh & Lake Erie Railroad...

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