NICHOLSON v. ERIE RAILROAD COMPANY

No. 172, Docket 24717.

253 F.2d 939 (1958)

Elizabeth E. NICHOLSON, Plaintiff-Appellant, v. ERIE RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided April 8, 1958.


Attorney(s) appearing for the Case

George Schylinski, New York City, for plaintiff-appellant.

J. Roger Carroll, New York City (Davis, Polk, Wardwell, Sunderland & Kiendl, New York City on the brief), for defendant-appellee.

Before HINCKS and LUMBARD, Circuit Judges, and DIMOCK, District Judge.


DIMOCK, District Judge.

Plaintiff appeals from a judgment dismissing the complaint at the close of the entire case. The complaint was dismissed for failure to make out a claim under the F.E.L.A. Federal Employers' Liability Act, 35 Stat. 65, as amended, 45 U.S.C. sec. 51 et seq.

Plaintiff, an employee of defendant Erie Railroad, seeks to recover damages for personal injuries suffered when a passenger on one of defendant's trains struck her leg with something...

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