NEW YORK CENTRAL RAILROAD COMPANY v. CARR

No. 7519.

251 F.2d 433 (1957)

The NEW YORK CENTRAL RAILROAD COMPANY, a corporation, Appellant, v. Alva O. CARR, Appellee.

United States Court of Appeals Fourth Circuit.

Decided December 31, 1957.


Attorney(s) appearing for the Case

Robert H. C. Kay, Charleston, W. Va., for appellant.

Paul J. Kaufman, Charleston, W. Va., for appellee.

Before SOPER, SOBELOFF and HAYNSWORTH, Circuit Judges.


HAYNSWORTH, Circuit Judge.

This is an appeal from a judgment entered upon a verdict for the plaintiff in an action brought under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq. The plaintiff was injured when he fell between two standing railway cars while attempting to repair a frozen water line. The principal question here is whether or not there was sufficient evidence of negligence on the part of the railroad to warrant submission of the case...

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