SKIDMORE v. BALTIMORE & O. R. CO.

No. 168, Docket 20862.

167 F.2d 54 (1948)

SKIDMORE v. BALTIMORE & O. R. CO.

Circuit Court of Appeals, Second Circuit.

March 15, 1948.


Attorney(s) appearing for the Case

Blank and Convisser, of Brooklyn, N. Y., and Morris S. Borden, of Cleveland, Ohio (William Samuels, of New York City, of counsel), for plaintiff-appellee.

Robert Schwebel, of New York City, and James E. Jones, of White Plains, N. Y. (William C. Combs, of Rochester, N. Y., of counsel), for defendant-appellant.

Before L. HAND, SWAN, and FRANK, Circuit Judges.


FRANK, Circuit Judge.

1. The judge properly denied the motion for a directed verdict or a new trial. The evidence was sufficient to justify the jury in concluding (a) that defendant directed plaintiff to work in the manner and at the place in which he worked, and (b) that defendant was negligent, in requiring plaintiff to perform such services when defendant had not cleared the snow and ice under the car. Since the judge properly charged with respect to a deduction...

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