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SHEA v. NEW YORK, NEW HAVEN AND HARTFORD RAILROAD CO.

No. 6076.

316 F.2d 838 (1963)

Patrick H. SHEA, Plaintiff, Appellant, v. The NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY, Defendant, Appellee.

United States Court of Appeals First Circuit.

May 8, 1963.

Attorney(s) appearing for the Case

Bernard Kaplan, Malden, Mass., with whom Meyer, Lasch, Hankin & Poul, Philadelphia, Pa., was on the brief, for appellant.

William J. Noonan, with whom Noel W. Deering and David W. Walsh, Boston, Mass., were on the brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

HARTIGAN, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the District of Massachusetts directing a verdict for the defendant-appellee in an action under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq.

The events at issue took place on July 15, 1958. For a number of years prior to this date the defendant owned and maintained an auction room (for lost or damaged property) in a large shed surrounded...

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