HAYES v. NEW YORK CENTRAL RAILROAD CO.

No. 165, Docket 27555.

311 F.2d 198 (1962)

Thomas HAYES, Plaintiff-Appellee, v. NEW YORK CENTRAL RAILROAD CO., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 18, 1962.


Attorney(s) appearing for the Case

Gerald E. Dwyer, New York City (Jerome H. Shapiro and Edward J. Murphy, New York City, of counsel), for appellant.

Bromsen & Gammerman, New York City (Melvin A. Cohen, New York City, of counsel), for appellee.

Before SWAN, FRIENDLY and KAUFMAN, Circuit Judges.


KAUFMAN, Circuit Judge.

The defendant appeals from an adverse judgment in the sum of $22,500 entered upon a jury verdict in an action brought under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq. It contends that there was no proof of negligence on its part which was the proximate cause of plaintiff's injuries, and that even if there was, the proof of plaintiff's contributory negligence was so overwhelming as to render the verdict excessive. We disagree...

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