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BUTWINSKI v. PENNSYLVANIA RAILROAD COMPANY

No. 75, Docket 24670.

249 F.2d 644 (1957)

Alexander BUTWINSKI, Plaintiff-Appellee, v. PENNSYLVANIA RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 2, 1957.

Attorney(s) appearing for the Case

Herbert J. Kaplow, of Conboy, Hewitt, O'Brien & Boardman, New York City, for defendant-appellant.

Jacob D. Fuchsberg, New York City (Herman & Herman and B. Hoffman Miller, New York City, on the brief), for plaintiff-appellee.

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

PER CURIAM.

The jury awarded plaintiff $75,000 for injuries he sustained in a collision while serving as a floatman aboard defendant's tug. Defendant seeks a new trial on the following grounds: (1) Medical expenses included in the verdict were not recoverable in an action brought under the Jones Act, 46 U.S.C. § 688; (2) the court improperly confused unseaworthiness and negligence in its charge; (3) the court abused its discretion in permitting plaintiff's doctor...

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