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FOX v. NEW YORK CENTRAL RAILROAD COMPANY

No. 269, Docket 25274.

267 F.2d 532 (1959)

Frank FOX, Plaintiff-Appellee, v. NEW YORK CENTRAL RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided June 15, 1959.

Attorney(s) appearing for the Case

Hiscock, Cowie, Bruce, Lee & Mawhinney, Syracuse, N. Y. (Gerald H. Henley and Howard G. Munson, Syracuse, N. Y., of counsel), for defendant-appellant.

Muserlian & Furtch, Syracuse, N. Y. (Peter Muserlian and Theodore F. Furtch, Syracuse, N. Y., of counsel), for plaintiff-appellee.

Before CLARK, Chief Judge, WATERMAN, Circuit Judge, and GALSTON, District Judge.

GALSTON, District Judge.

This is an appeal by the defendant from a judgment entered in the United States District Court for the Northern District of New York. The action was brought under the Federal Employers' Liability Act, 45 U.S.C.A. §§ 51-60, to recover damages for personal injuries sustained by the plaintiff. The verdict was in favor of the plaintiff in the sum of $25,000.

The defendant contends basically that there was no proof of any negligence...

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