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EICHEL v. NEW YORK CENTRAL RAILROAD COMPANY

No. 359, Docket 27991.

319 F.2d 12 (1963)

Walter A. EICHEL, Plaintiff-Appellee, v. NEW YORK CENTRAL RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided June 20, 1963.

Attorney(s) appearing for the Case

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

Richard C. Machcinski (Zelenko & Elkind, New York City), for appellee.

Before FRIENDLY, KAUFMAN and MARSHALL, Circuit Judges.

FRIENDLY, Circuit Judge.

Plaintiff, Walter A. Eichel, who had been employed by defendant New York Central Railroad Co. for 40 years, brought two actions against it in the District Court for the Southern District of New York under the Federal Employers' Liability Act, 45 U.S.C. §§ 51-60, which were consolidated for trial. The first alleged two separate injuries — one on September 17, 1957, when Eichel, while serving as assistant conductor on a passenger...

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