ROSILLO v. ERIE RAILROAD CO.

No. 61, Docket 24089.

239 F.2d 760 (1956)

Dominick T. ROSILLO, Plaintiff-Appellee, v. ERIE RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 27, 1956.


Attorney(s) appearing for the Case

William R. Meagher, of Davis, Polk, Wardwell, Sunderland & Kiendl, New York City (J. Roger Carroll, of Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, on the brief), for defendant-appellant.

Archie Elkins, New York City, for plaintiff-appellee.

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


PER CURIAM.

In order to show that the verdict and judgment for the plaintiff here under appeal was erroneous, defendant must demonstrate that it was not negligent, or plaintiff was contributorily negligent, as a matter of law in the accident causing the personal injuries for which the plaintiff has recovered. But we think that a jury issue was properly presented and resolved. Plaintiff, an independent trucker, was commissioned to deliver an 8,500 pound transformer...

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