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BLUE v. PENNSYLVANIA RAILROAD COMPANY

No. 128, Docket 26943.

301 F.2d 450 (1962)

Mrs. Highson BLUE, Plaintiff-Appellee, v. The PENNSYLVANIA RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided March 19, 1962.

Attorney(s) appearing for the Case

George J. Conway, New York City (Michael J. Kenny, New York City, of counsel), for defendant-appellant.

Leo Gitlin, New York City, for plaintiff-appellee.

Before WATERMAN, SMITH and MARSHALL, Circuit Judges.

WATERMAN, Circuit Judge.

Appellee obtained a jury verdict in her favor in this diversity-jurisdiction negligence action against the appellant railroad. Inasmuch as New York law governs the rights of the parties, it was incumbent upon the plaintiff to show, as part of her affirmative case, that no fault or negligence on her part contributed to the accident out of which her claim arose. Alexander v. Kramer Bros. Freight Lines, Inc., 273 F.2d 373

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