POWERS v. NEW YORK CENTRAL RAILROAD COMPANY

No. 97, Docket 24604.

251 F.2d 813 (1958)

Rose POWERS, as Administratrix of the Goods, Chattels, and Credits of Edward J. Powers, Deceased, Plaintiff-Appellant, v. The NEW YORK CENTRAL RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 15, 1958.

Motion to Amend Mandate Denied February 13, 1958.


Attorney(s) appearing for the Case

Irving Levine, New York City, for plaintiff-appellant.

C. Austin White, New York City (Gerald E. Dwyer, Robert Cedar and William R. Johnston, New York City, of counsel on the brief), for defendant-appellee.

Before HINCKS, LUMBARD and WATERMAN, Circuit Judges.


LUMBARD, Circuit Judge.

The two questions for decision are whether there was sufficient evidence to support the conclusion that Powers was in the course of his employment by the railroad at the time he was found in the Hudson River on March 10, 1949, immediately adjacent to his place of work, and whether the jury's answers to the special interrogatories may be considered as having determined that issue in favor of the plaintiff. As we answer both questions in the...

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