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Civil Procedure Keyed to Glannon
Pennsylvania Railroad Co. v. Chamberlain
Citation:
288 U.S. 333 (1933)ProfessorTodd Berman
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Facts
Chamberlain sued Pennsylvania Railroad Co. for alleged negligence that resulted in the death of a brakeman. The complaint alleged that the brakeman was assisting in breaking up and making up trains, as well as classifying and assorting train cars, that other employees were riding in train cars that were negligently brought into contact with the car in which the brakeman was riding, and that, as a result of the contact, the brakeman sustained injuries that led to his death. Chamberlain’s case rested entirely on the claim that the brakeman’s death was caused by a violent collision of the train cars; one witness’s testimony inferred this view of the facts. Unimpeached testimony of additional witnesses was to the contrary. The trial court, at the conclusion of the evidence, directed the jury to find a verdict for Pennsylvania Railroad Co., finding that there was no evidence upon which the jury could properly proceed to find a verdict for Chamberlain. The Court of Appeals reversed.
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