James Klinkner, Appellant, v. the Pittsburgh & West Virginia Railway Company, 301 F.2d 907 (3d Cir. 1962)

Annotate this Case
US Court of Appeals for the Third Circuit - 301 F.2d 907 (3d Cir. 1962) 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.

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.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.