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BAIRD v. NEW YORK CENTRAL RAILROAD

No. 248, Docket 24178.

242 F.2d 383 (1957)

Josephine E. BAIRD, as Administratrix of the Estate of Pearl A. Baird, Deceased, Plaintiff-Appellant, v. NEW YORK CENTRAL RAILROAD CO., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided March 15, 1957.

Attorney(s) appearing for the Case

McElroy, Young, Mahley & Dunn (J. Murray Dunn, Syracuse, N. Y., on the brief), for plaintiff-appellant.

Hiscock, Cowie, Bruce, Lee & Mawhinney, Syracuse, N. Y. (Gerald H. Henley, Syracuse, N. Y., and Howard G. Munson, of counsel on the brief), for defendant-appellee.

Before HINCKS, LUMBARD and WATERMAN, Circuit Judges.

PER CURIAM.

This appeal raises the question whether Judge Brennan's decision setting aside the verdict of a jury for $40,000 in an action under the Federal Employers' Liability Act, 45 U.S.C.A. §§ 51-60, to recover damages for the death of the plaintiff's husband, and directing entry of judgment for the defendant was justified on the record.

The appellant urges that there was sufficient evidence of negligence to support the verdict, alleging that...

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