SHEPARD v. NEW YORK, NEW HAVEN & HARTFORD R. CO.

No. 165, Docket 27140.

300 F.2d 129 (1962)

Mildred E. SHEPARD, as Administratrix of the Estate of Byron C. Shepard, Jr., deceased, Plaintiff-Appellee, v. The NEW YORK, NEW HAVEN & HARTFORD RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided February 14, 1962.


Attorney(s) appearing for the Case

William A. Blank, Brooklyn, N. Y. (Arthur O. Maharay, Jr., Newburgh, N. Y., on the brief) (John D. Calamari, Martin Fogelman, New York City, of counsel), for plaintiff-appellee.

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

Before WATERMAN, KAUFMAN and MARSHALL, Circuit Judges.


MARSHALL, Circuit Judge.

Defendant appeals from a judgment in favor of plaintiff in an action under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq. The first trial, in April, 1961, was terminated when the jury failed to agree. Judgment was for plaintiff in the second trial before Judge McGohey and a jury in June, 1961.

Harry Richard Hender, employed by defendant as a conductor, was confined to a Connecticut state mental institution on March...

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