PACI v. NEW YORK CENTRAL RAILROAD COMPANY

No. 69, Docket 24484.

250 F.2d 296 (1957)

Rosario J. PACI, Plaintiff-Appellee, v. NEW YORK CENTRAL RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 2, 1957.


Attorney(s) appearing for the Case

William L. Shumate, New York City (Gerald E. Dwyer and Donald E. Deegan, New York City, on the brief), for defendant-appellant.

Arnold B. Elkind, of Zelenko & Elkind, New York City, for plaintiff-appellee.

Before CLARK, Chief Judge, MOORE, Circuit Judge, and LEIBELL, District Judge.


PER CURIAM.

Defendant appeals from a verdict and judgment of $51,000 for plaintiff in an action under the Federal Employers' Liability Act, 45 U.S.C. §§ 51 et seq. Its sole assignment of error is that the trial court erred in charging the jury that defendant's negligence could be based on acts other than those referred to by plaintiff or his witnesses and in refusing the defendant's requests to charge to the same intent. During the course of the trial Machinist...

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