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O'CONNOR v. PENNSYLVANIA RAILROAD COMPANY

No. 6, Docket 26947.

308 F.2d 911 (1962)

Eugene O'CONNOR, Plaintiff-Appellant, v. The PENNSYLVANIA RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided October 18, 1962.

Attorney(s) appearing for the Case

Augustin J. San Filippo, New York City, for plaintiff-appellant; Maurice N. Nessen, New York City, of counsel.

Conboy, Hewitt, O'Brien & Boardman, New York City, for defendant-appellee; David J. Mountain, Jr. and James S. Rowen, New York City, of counsel.

Before LUMBARD, Chief Judge, and FRIENDLY and KAUFMAN, Circuit Judges.

KAUFMAN, Circuit Judge.

This action for negligence, commenced in the Supreme Court of the State of New York, was removed to the United States District Court for the Eastern District of New York by reason of the diversity of citizenship of the parties. A trial was held in which the jury found for the plaintiff. Upon proper motion by the defendant, Judge Christenson, sitting by designation, directed judgment for the defendant notwithstanding the verdict, pursuant to...

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