discussed Cited "see" Mike Valo v. Monessen Southwestern Railway Company, a Corporation See, inter alia, Docheney v. Pennsylvania Railroad Co., 60 F.2d 808 (3 Cir. 1932), cert. denied 287 U.S. 665 , 53 S.Ct. 222 , 77 L.Ed. 573 (1932); Kelly v. Pennsylvania Railroad Co., supra; Shaw v. Monessen Southwestern Railway Co., supra. Appellant argues that the instant appeal is governed squarely by our decision in Shaw, supra. That suit was tried to the court.