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WANSER v. LONG ISLAND RAILROAD COMPANY

No. 94, Docket 24171.

238 F.2d 467 (1956)

Robert R. WANSER, Plaintiff-Appellee, v. LONG ISLAND RAILROAD COMPANY, Defendant-Appellant and Third-Party Plaintiff-Appellant-Appellee, Central Islip Cooperative G. L. F. Service, Inc., Third-Party Defendant-Appellant-Appellee.

United States Court of Appeals Second Circuit.

Decided November 16, 1956.

Attorney(s) appearing for the Case

William A. Blank, Brooklyn, N. Y., for plaintiff-appellee.

Marvin V. Ausubel, New York City (William J. O'Brien, A. Harold Frost, and Bernard Jenkin, New York City, on the brief), for defendant-appellant and third-party plaintiff-appellant-appellee.

Patrick E. Gibbons, New York City (Galli & Locker and Oscar A. Thompson, New York City, on the brief), for third-party defendant-appellant-appellee.

Before CLARK, Chief Judge, and L. HAND and SWAN, Circuit Judges.

CLARK, Chief Judge.

These are appeals from district court judgments awarding plaintiff $100,000 damages on the verdict of a jury against his employer, the Long Island Railroad Company, and awarding the Railroad $50,000 as contribution but not indemnity against the Central Islip Cooperative G. L. F. Service, Inc., impleaded as a third-party defendant by the Railroad. Islip owned the siding on which the plaintiff was working when he was injured. Plaintiff, a brakeman...

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