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RUDDY v. NEW YORK CENTRAL RAILROAD COMPANY

No. 318, Docket 23505.

224 F.2d 96 (1955)

Robert F. RUDDY, Appellee, v. NEW YORK CENTRAL RAILROAD COMPANY, Appellant. NEW YORK CENTRAL RAILROAD COMPANY, Appellee, v. ATLAS TACK CORPORATION, Appellant.

United States Court of Appeals Second Circuit.

Decided June 24, 1955.

Attorney(s) appearing for the Case

George Gordon Mahley, McElroy, Young, Mahley & Dunn, Syracuse, N. Y., for Robert F. Ruddy.

Willis D. Morgan, Kernan & Kernan, Utica, N. Y., for the New York Central Railroad Co.

George S. Sullivan, Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse, N. Y., for the Atlas Tack Corp.

Before HAND, SWAN and FRANK, Circuit Judges.

HAND, Circuit Judge.

The defendant railroad appeals from a judgment in favor of an employee, the plaintiff, under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., after a trial to a jury. The Atlas Tack Corporation appeals from a judgment in favor of the railroad upon a "third party" claim, brought by the railroad against it upon a contract of indemnity for any judgment rendered against the railroad because of an encroachment upon the railroad...

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