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

No. 329, Docket 23559.

224 F.2d 637 (1955)

Raymond G. CAHILL, Plaintiff-Appellee, v. The NEW YORK, NEW HAVEN & HARTFORD RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided July 8, 1955.

Attorney(s) appearing for the Case

Edward R. Brumley, New York City, John G. Pare, New York City, and Thomas P. Hackett, Cheshire, Conn., of counsel, for appellant.

Randolph J. Seifert, New York City, William A. Blank, Brooklyn, N. Y., and Harry Kalman, New York City, of counsel, for appellee.

Before HAND, SWAN and FRANK, Circuit Judges.

SWAN, Circuit Judge.

This is an appeal from a judgment for the plaintiff in the amount of $90,000 in an action brought under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., tried to a jury. The court denied motions to direct a verdict, and to set aside the verdict and enter judgment for the defendant, or, in the alternative, to grant a new trial. The contentions on appeal are (1) that there was no evidence of negligence on the part of the defendant...

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