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McWEENEY v. NEW YORK, N. H. & H. R.R. CO.

No. 135, Docket 25640.

282 F.2d 34 (1960)

John R. McWEENEY, Plaintiff-Appellee, v. NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided July 29, 1960.

Attorney(s) appearing for the Case

William Paul Allen, New York City (George Schylinski, New York City, on the brief), for plaintiff-appellee.

R. M. Peet, New York City (Edmund J. Moore, New York City, on the brief), for defendant-appellant.

Before LUMBARD, Chief Judge, and CLARK, WATERMAN, MOORE and FRIENDLY, Circuit Judges.

FRIENDLY, Circuit Judge.

This is an action brought under the Federal Employers' Liability Act, 45 U.S.C. §§ 51-60, to recover damages for injuries sustained by plaintiff McWeeney on March 23, 1956, while he was employed by defendant New Haven as a yard brakeman. McWeeney was struck by a moving freight car while he was on the side ladder of another car. There was conflicting evidence whether he was contributorily negligent and, if so, in what degree, and...

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