ROSS v. DELAWARE & HUDSON R. CO.

No. 104, Docket 21816.

188 F.2d 98 (1951)

ROSS v. DELAWARE & HUDSON R. CO.

United States Court of Appeals Second Circuit.

Decided April 3, 1951.


Attorney(s) appearing for the Case

McElroy, Young, Mahley & Dunn, Syracuse, N. Y., Gordon H. Mahley, J. Murray Dunn, Syracuse, N. Y., argued, for appellant.

Joseph Rosch, Albany, N. Y., Thomas S. Kernan, Utica, N. Y., argued, Kernan & Kernan, Utica, N. Y., of counsel, for appellee.

Before SWAN, CHASE and FRANK, Circuit Judges.


PER CURIAM.

This is an action by a brakeman employed by the defendant to recover for personal injuries. He fell from a freight car when engaged in a switching operation and claims that his fall was caused by a defective hand brake, which suddenly spun while his right had was resting on the brake wheel, his left hand was grasping a grab iron and his right foot was on the brake step. The jury returned a verdict for the defendant. Errors in the trial court's charge are...

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