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

No. 5511.

272 F.2d 153 (1959)

NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY, Defendant, Appellant, v. Mary L. Donnelly HENAGAN, Plaintiff, Appellee.

United States Court of Appeals First Circuit.

Decided November 27, 1959.


Attorney(s) appearing for the Case

Noel W. Deering, Boston, Mass., with whom David W. Walsh, Boston, Mass., was on brief, for appellant.

James W. Kelleher, Boston, Mass., with whom James R. DeGiacomo, Boston, Mass., was on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.


WOODBURY, Chief Judge.

On October 11, 1954, the plaintiff-appellee was employed by the defendant-appellant as a grill-car waitress on its regularly scheduled passenger train which left Boston at 7 A.M. bound for New York. As the train, proceeding at 12 to 15 miles per hour, entered the Providence, Rhode Island, railroad station about an hour later, the engineer made an emergency application of the brakes in an unsuccessful attempt to avoid running over a woman who...

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