MASIGLOWA v. NEW YORK, CHICAGO & ST. LOUIS R. CO.

Civ. No. 30076.

135 F.Supp. 816 (1955)

Nick MASIGLOWA, Plaintiff, v. NEW YORK, CHICAGO & ST. LOUIS RAILROAD COMPANY, Defendant.

United States District Court N. D. Ohio, E. D.

September 16, 1955.


Attorney(s) appearing for the Case

Howard M. Metzenbaum, Cleveland, Ohio, for plaintiff, Elmer I. Schwartz, Harold S. Stern, Cleveland, Ohio, of counsel.

Donald W. Hornbeck, Cleveland, Ohio, for defendant, Edwin Knachel, Cleveland, Ohio, of counsel.


MARTIN, Circuit Judge.

Careful consideration has been given to the motion of the defendant railroad carrier to vacate and set aside the verdict of the jury and the judgment of the court thereon and to grant the defendant a new trial.

The arguments and the briefs of the attorneys for both sides and the transcript of the testimony of the plaintiff, and of defendant's eye-witness Dean F. Hackenburg, have been read and analyzed. The authorities cited in the briefs...

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