JOHNSON v. ERIE RAILROAD COMPANY

No. 339, Docket 23973.

236 F.2d 352 (1956)

Owen JOHNSON, Plaintiff-Appellant, v. ERIE RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided August 6, 1956.


Attorney(s) appearing for the Case

Harry C. Chashin, New York City (Marcus & Levy, New York City), for plaintiff-appellant.

J. Roger Carroll, New York City (Davis, Polk, Gardner, Sunderland & Kiendl, New York City), for defendant-appellee.

Before CLARK, Chief Judge, and HINCKS and LUMBARD, Circuit Judges.


HINCKS, Circuit Judge.

Appellant, an employee of the defendant railroad, brought this action under the Federal Employers' Liability Act to recover for a leg injury allegedly sustained when he fell against the sharp edge of a box contained in a mail sack aboard a railway mail car in which he was working. At the time of the alleged accident the plaintiff was working in a mail car sandwiched between two other cars on a spur track on the lower level of the Paterson, New...

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