ARMENIA v. WYER

No. 131, Docket 22895.

210 F.2d 592 (1954)

ARMENIA v. WYER.

United States Court of Appeals Second Circuit.

Decided February 15, 1954.


Attorney(s) appearing for the Case

Charles Alexander, Brooklyn, N. Y., for plaintiff-appellee (William A. Blank, Brooklyn, N. Y., Harry Kalman and Randolph J. Seifert, New York City, on the brief).

William J. O'Brien, New York City, for defendant-appellant (William F. McNulty, New York City, on the brief).

Before CHASE, Chief Judge, CLARK, Circuit Judge, and GIBSON, District Judge.


GIBSON, District Judge.

Defendant, Trustee of The Long Island Rail Road Company, appeals from a District Court judgment awarding plaintiff, Peter J. Armenia, $21,000. after a jury trial in an action under the Federal Employers' Liability Act, 45 U. S.C.A. § 51 et seq., for personal injuries sustained in the course of his employment as a yard brakeman.

Actually the situation in this case is unusual. The plaintiff's amended complaint sought damages for...

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