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ERESAFE v. NEW YORK, NEW HAVEN & HARTFORD R. CO.

No. 76, Docket 24553.

250 F.2d 619 (1957)

Frank ERESAFE, Plaintiff-Appellee, v. NEW YORK, NEW HAVEN & HARTFORD RAILROAD COMPANY, Defendant-Appellant, and Wilson & Co., Inc., Defendant.

United States Court of Appeals Second Circuit.

Decided December 23, 1957.

Attorney(s) appearing for the Case

Edmund J. Moore, New York City (R. M. Peet, New York City, of counsel), for defendant-appellant.

Harry J. Coman, New York City (Max Shamis, Brooklyn, N. Y., Moe Levine, New York City, of counsel), for plaintiff-appellee.

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

LEIBELL, District Judge.

This case was tried before Judge Cashin without a jury. The judge made Findings of Fact and Conclusions of Law and gave judgment for plaintiff against the Railroad in the sum of $12,000. The plaintiff's complaint and the Railroad's cross claim were dismissed as against Wilson & Co., Inc.

Plaintiff was hired as a brakeman by the Railroad on July 29, 1955. About 3:00 A.M. on February 6, 1956, while he was signaling the engineer of...

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