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MURYN v. NEW YORK CENTRAL RAILROAD COMPANY

No. 9, Docket 24770.

270 F.2d 645 (1959)

George MURYN, Plaintiff-Appellant, v. NEW YORK CENTRAL RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided October 7, 1959.

Attorney(s) appearing for the Case

Daniel Galinson, New York City (Bromsen & Gammerman, New York City, on the brief), for plaintiff-appellant.

William L. Shumate, New York City (Gerald E. Dwyer, New York City, on the brief), for defendant-appellee.

Before LUMBARD, WATERMAN and FRIENDLY, Circuit Judges.

PER CURIAM.

The plaintiff, having consented to go to the jury on the factual issues, by his failure to move for a directed verdict, will not be heard now to challenge the verdict for the defendant on the ground of the insufficiency of the evidence. Jorgensen v. York Ice Machinery Corporation, 2 Cir., 1947, 160 F.2d 432.

In any event, we are of the opinion that a jury question was presented by the evidence regarding the operation...

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