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DAGNELLO v. LONG ISLAND RAIL ROAD COMPANY

No. 173, Docket 26453.

289 F.2d 797 (1961)

Savino DAGNELLO, Plaintiff-Appellee, v. LONG ISLAND RAIL ROAD COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided March 24, 1961.

Attorney(s) appearing for the Case

William F. McNulty, New York City (William J. O'Brien, New York City, and Otto M. Buerger, Jamaica, N. Y., on the brief), for defendant-appellant.

Arnold B. Elkind, New York City (Irwin R. Karassik and Zelenko & Elkind, New York City, on the brief), for plaintiff-appellee.

Before MEDINA, FRIENDLY and SMITH, Circuit Judges.

MEDINA, Circuit Judge.

On March 26, 1959 Savino Dagnello, a yard brakeman in the employ of appellant Long Island Rail Road Company had his left leg amputated when it was run over by two freight cars in the railroad's Pitkin Avenue Yard in Brooklyn, New York. Negligence on the part of the railroad was conceded, and the case went to the jury on the issues of contributory negligence and the amount of the damages to be assessed. The jury rendered a verdict against the...

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