SMITH v. LEHIGH VALLEY RAILROAD COMPANY

No. 318, Docket 26736.

290 F.2d 796 (1961)

Douglas SMITH, Plaintiff-Appellee, v. LEHIGH VALLEY RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided June 1, 1961.


Attorney(s) appearing for the Case

Paul J. Yesawich, Jr., Cortland, N. Y. (Lusk, Folmer, Ryan & Fenstermacher, Cortland, N. Y., on the brief), for plaintiff-appellee.

Gordon H. Mahley, Syracuse, N. Y., for defendant-appellant.

Before FRIENDLY and SMITH, Circuit Judges, and WATKINS, District Judge.


PER CURIAM.

Appellant's work train, pushing a snow plow, collided at a grade crossing with a roadscraper operated by plaintiff appellee, causing personal injuries for which he had a verdict and judgment of $5000, which Judge Brennan refused to set aside.

Appellant has abandoned the claim that the verdict was excessive, and seems not too vigorously to contest the finding of negligence on its part, which in any case must be upheld in view of the conflicting...

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