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Robinson v. Pennsylvania Railroad Co.

214 F.2d 798 (1954)

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Robinson v. Pennsylvania Railroad Co.

United States Court of Appeals for the Third Circuit
214 F.2d 798 (1954)

SC

Facts

Alfred Robinson (plaintiff) sued Pennsylvania Railroad Company (the railroad) (defendant) under the Federal Employers’ Liability Act. During trial, counsel for each party made accusations about the other party’s case without any basis in fact. For example, the railroad’s lawyer stated that Robinson’s case was phony and manufactured and that his evidence was inaccurate and unreliable. In turn, Robinson’s lawyer stated sarcastically in response to railroad’s lawyer, “So [Robinson’s expert witness] is now a liar and he is putting something on to try to put something over on the railroad.” Robinson’s lawyer further stated that Robinson “did not come in here to be made a thief of, and a liar, and a perjurer.” Later, the lawyer said sarcastically that the railroad never lies. The trial court largely permitted this bickering between the lawyers. The jury returned a verdict for Robinson. The railroad appealed.

Rule of Law

Issue

Holding and Reasoning (Staley, J.)

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