GUEGAN v. NEW YORK CENTRAL RAILROAD COMPANY

No. 184, Docket 24337.

243 F.2d 524 (1957)

Fred GUEGAN, Plaintiff-Appellant, v. The NEW YORK CENTRAL RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided May 2, 1957.


Attorney(s) appearing for the Case

Robert A. Siebert, New York City, for plaintiff-appellant.

Gerald E. Dwyer, New York City (Edward J. Murphy, New York City, on the brief), for defendant-appellee.

Before HINCKS, LUMBARD and WATERMAN, Circuit Judges.


LUMBARD, Circuit Judge.

The two questions raised by this appeal are whether the verdict was contrary to the weight of the evidence and whether it was error for the court to refuse to charge that the car on which plaintiff was working was a locomotive under 45 U.S.C.A. § 23, the Federal Boiler Inspection Act.

The evidence adduced at the two day trial presented very simple issues of negligence and contributory...

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