MARTY v. ERIE R.R. CO.


62 N.J. Super. 458 (1960)

163 A.2d 167

JAMES MARTY, PLAINTIFF-RESPONDENT, v. ERIE RAILROAD COMPANY, A CORPORATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 12, 1960.


Attorney(s) appearing for the Case

Mr. James J. Langan argued the cause for appellant (Messrs. Lamb, Langan & Blake, attorneys).

Mr. Seymour Margulies argued the cause for respondent (Mr. Frank V. Golden, attorney; Messrs. Levy, Lemken & Margulies, of counsel; Mr. Margulies, on the brief).

Before Judges GOLDMANN, CONFORD and FREUND.


The opinion of the court was delivered by GOLDMANN, S.J.A.D.

Defendant, a common carrier engaged in interstate commerce, appeals from a $22,500 judgment entered in plaintiff's favor in an action he had brought under the Federal Employers' Liability Act (45 U.S.C.A., § 51 et seq.) to recover damages for injuries suffered while in the railroad's employ.

Plaintiff claimed that while performing his duties as brakeman on the evening of December...

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