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MIRABILE v. NEW YORK CENTRAL RAILROAD COMPANY

No. 243, Docket 23746.

230 F.2d 498 (1956)

Carmelo MIRABILE, Plaintiff-Appellant, v. The NEW YORK CENTRAL RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided March 9, 1956.

Attorney(s) appearing for the Case

John H. Pennock, Albany, N. Y. (William J. Roberts, Albany, N. Y., on the brief), for plaintiff-appellant.

Earl H. Gallup, Jr., Albany, N. Y. (Whalen, McNamee, Crable & Nichols and Charles E. Nichols, Albany, N. Y., on the brief), for defendant-appellee.

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

PER CURIAM.

Plaintiff's motion to set aside a defendant's verdict in his action under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq., having been denied, he now seeks reversal of the judgment below on the ground that the verdict was against the weight of the evidence. But since he had made no motion for a directed verdict and took no exception to the general charge of the court he cannot raise this issue, as his course at the trial necessarily assumes...

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