RANKIN v. NEW YORK, NEW HAVEN & HARTFORD RAILROAD


338 Mass. 178 (1958)

154 N.E.2d 613

ALBERT EDWARD RANKIN vs. THE NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY.

Supreme Judicial Court of Massachusetts, Worcester.

December 5, 1958.


Attorney(s) appearing for the Case

John J. O'Connell, for the plaintiff.

Noel W. Deering, for the defendant, submitted a brief.

Present: WILKINS, C.J., RONAN, SPALDING, WILLIAMS, COUNIHAN, WHITTEMORE, & CUTTER, JJ.


CUTTER, J.

This action of tort was brought under the Federal employers' liability act, 45 U.S.C. (1952) § 51 et seq. (hereinafter called the act). The plaintiff's bill of exceptions presents the question whether the trial judge correctly directed a verdict for the defendant.

The case was referred to an auditor whose report, together with certain documentary evidence, was introduced in evidence at the jury trial. The facts, in their aspect most favorable...

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