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METROPOLITAN COAL COMPANY v. JOHNSON

Nos. 5399, 5400.

265 F.2d 173 (1959)

METROPOLITAN COAL COMPANY, Inc., Defendant, Appellant, v. Franklin JOHNSON, Plaintiff, Appellee. NEW YORK, NEW HAVEN & HARTFORD RAILROAD COMPANY, Defendant, Appellant, v. Franklin JOHNSON, Plaintiff, Appellee.

United States Court of Appeals First Circuit.

April 3, 1959.

Attorney(s) appearing for the Case

Paul R. Frederick, Boston, Mass., with whom Peter D. Cole and Badger, Pratt, Doyle & Badger, Boston, Mass., on brief, for Metropolitan Coal Co., appellant.

Noel W. Deering, Boston, Mass., for New York, N. H. & H. R. Co., appellant.

John V. Higgins, New York City, with whom Thomas J. O'Neill, New York City, Joseph P. Coughlin, Boston, Mass., and O'Neill, Higgins & Latto, New York City, on brief, for appellee.

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

WOODBURY, Circuit Judge.

The plaintiff-appellee, a citizen of Rhode Island, brought suit in the court below under its diversity jurisdiction to recover for personal injuries allegedly caused by the combined negligence of the defendants-appellants, The New York, New Haven and Hartford Railroad Company and Metropolitan Coal Company, Inc., both Massachusetts corporations. A trial by jury resulted in a verdict for the plaintiff...

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