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eBook details

• Title: Wiles v. New York
• Author : United States Court Of Appeals Third Circuit.
• Release Date : January 21, 1960
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

This is an action brought under the Federal Employers Liability Act, 45 U.S.C.A. § 51 et seq. resulting in an award of $10,000 for the plaintiff. The jury also awarded $20,000 for loss of earning power, but the court set aside this portion of the verdict. Both sides have appealed from the judgment of the court below. Wiles, the plaintiff, an employee of the defendant Railroad, has alleged that he received serious back injuries requiring three operations, including a laminectomy, when a jack which he was using to raise a hopper car, belonging to the Railroad, slipped, and, according to his testimony, threw him some fifteen feet. Wiles superior, Ertle, with whom Wiles was working, died prior to the trial, so we do not have the advantage of his testimony. Wiles testified that after the jack slipped, he marked it with yellow chalk in accordance with the Railroads rule so that it would be repaired. The Railroad kept no record of defective tools and therefore it could not inspect the jack after receiving Wiles claim nor could the jack be produced at the trial. The rules of the Railroad required any of its employees who had received injuries in the course of their employment to report such injuries immediately to the Company on a form supplied by it. Wiles admits that he did not make such a report but asserts that at the time he did not consider that the accident had caused him any serious injury.

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