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SCOCOZZA v. ERIE R. CO.

No. 90, Docket 21128.

171 F.2d 745 (1949)

SCOCOZZA v. ERIE R. CO.

United States Court of Appeals Second Circuit.

January 6, 1949.

Attorney(s) appearing for the Case

Robert McGowan Smith, of Brooklyn, N. Y., for plaintiffs-appellants.

Davis, Polk Wardwell, Sunderland & Kiendl, of New York City (Theodore Kiendl, Edward J. McGratty, Jr. and Cleveland C. Cory, all of New York City, of counsel), for defendant-appellee.

Before L. HAND, Chief Judge, and CHASE and FRANK, Circuit Judges.

CHASE, Circuit Judge.

At the close of all the evidence, a verdict was, on defendant's motion, directed for the defendant in this suit brought under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., in the District Court for the Southern District of New York. This appeal is from the final judgment entered on that verdict and the only issue is whether there was enough evidence of the defendant's negligence...

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