MASTERSON v. NEW YORK CENTRAL RAILROAD COMPANY

Civ. A. No. 524.

169 F.Supp. 435 (1959)

Joseph D. MASTERSON, Plaintiff, v. NEW YORK CENTRAL RAILROAD COMPANY, a corporation, Defendant.

United States District Court W. D. Pennsylvania.

November 6, 1959.


Attorney(s) appearing for the Case

Bernsteen, Bernsteen & Gaines, Cleveland, Ohio, Fred B. Sieber, Erie, Pa., for plaintiff.

Paul Lamb, Cleveland, Ohio, Gifford, Graham, McDonald & Illig, Erie, Pa., for defendant.


WILLSON, District Judge.

In this case, tried to a jury, the verdict was for the defendant. Plaintiff filed a timely motion for a new trial. His motion is grounded on the proposition that in charging the jury the court failed to grant plaintiff's third request for charge, which reads:

"3. Should you find by a fair preponderance of all the evidence in the case, that something which was part of the train and which was under the exclusive control of the defendant...

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