SCRIMO v. CENTRAL R. R. OF NEW JERSEY

No. 77.

138 F.2d 761 (1943)

SCRIMO v. CENTRAL R. R. OF NEW JERSEY et al.

Circuit Court of Appeals, Second Circuit.

November 29, 1943.


Attorney(s) appearing for the Case

Donovan, Leisure, Newton & Lumbard, of New York City (Granville Whittlesey, Jr., Jerome H. Doran, and Lloyd F. MacMahon, all of New York City, of counsel), for appellants.

Alfred T. Rowe, of New York City (Anthony Sansone, of New York City, of counsel), for appellee.

Before SWAN, AUGUSTUS N. HAND, and FRANK, Circuit Judges.


SWAN, Circuit Judge.

Upon verdict of a jury the plaintiff obtained a judgment for damages resulting from the death of Harry B. Murray, an employee of the defendants, who was killed during a switching operation in their railroad yard at Elizabethport, New Jersey. The defendants have appealed, assigning as errors the denial of motions to dismiss the complaint and to direct a verdict in their favor and the giving and refusal...

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