NEW YORK, NEW HAVEN & HARTFORD R. CO. v. LEARY

No. 4699.

204 F.2d 461 (1953)

NEW YORK, NEW HAVEN & HARTFORD R. CO. v. LEARY.

United States Court of Appeals First Circuit.

May 14, 1953.


Attorney(s) appearing for the Case

Noel W. Deering, Boston, Mass. (Charles W. Bartlett, John O. Parker and Ely, Bartlett, Thompson & Brown, Boston, Mass., on brief), for appellant.

John V. Higgins, New York City (Thomas J. O'Neill, New York City, Joseph P. Coughlin, Cambridge, Mass., and O'Neill, Higgins & Latto, New York City, on brief), for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.


HARTIGAN, Circuit Judge.

This is an appeal from a judgment entered in the United States District Court for the District of Massachusetts on July 2, 1952, based upon a jury verdict in an action brought under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., and the Safety Appliance Acts, 45 U.S. C.A. § 1 et seq.

By agreement of counsel, the case was submitted to the jury only upon the issue of the alleged violation of the Safety Appliance...

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