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COLUCCI v. NEW YORK CENTRAL RAILROAD COMPANY

No. 13920.

279 F.2d 891 (1960)

Philip F. COLUCCI, Plaintiff-Appellant, v. NEW YORK CENTRAL RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

June 30, 1960.

Attorney(s) appearing for the Case

Jack G. Day, Cleveland, Ohio, for appellant.

John F. Dolan, Cleveland, Ohio (Joseph T. Ryan, Cleveland, Ohio, on the brief), for appellee.

Before McALLISTER, Chief Judge, THORNTON and KENT, District Judges.

THORNTON, District Judge.

This is an appeal from the verdict of a jury in an F. E. L. A. case. The plaintiff-appellant took nothing below and assigned error in the charge of the trial court in several respects, and error in the submission of certain interrogatories.

It seems to us that the underlying dissatisfaction of plaintiff with the outcome of the litigation may be analyzed from 2 aspects. These two parts relate to the defense relied upon by defendant...

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