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FITZGERALD v. PENNSYLVANIA R. CO.

No. 68, Docket 20736.

164 F.2d 323 (1947)

FITZGERALD v. PENNSYLVANIA R. CO.

Circuit Court of Appeals, Second Circuit.

November 24, 1947.

Attorney(s) appearing for the Case

Stephen A. Machcinski, of New York City (William Paul Allen and Harold L. Schwartz, both of New York City, of counsel), for plaintiff-appellee.

Louis J. Carruthers, of New York City (Albert R. Connelly and Ralph L. McAfee, both of New York City, of counsel), for defendant-appellant.

Before SWAN, CHASE and CLARK, Circuit Judges.

CHASE, Circuit Judge.

The defendant has appealed from a judgment entered in the District Court for the Southern District of New York on a verdict for the plaintiff in a suit under the Federal Employers' Liability Act, 45 U.S. C.A. § 51 et seq., to recover damages for personal injuries. The defendant moved to set aside the verdict on the ground that it was physically impossible for the plaintiff to have been hurt in the manner she testified. The denial of that...

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