HONG SAI CHEE v. LONG ISLAND RAILROAD COMPANY

No. 229, Docket 27963.

328 F.2d 711 (1964)

HONG SAI CHEE, Plaintiff-Appellant, v. LONG ISLAND RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 28, 1964.


Attorney(s) appearing for the Case

Donald I. Laventhall, New York City (Leonard Steinman, New York City, on the brief), for plaintiff-appellant.

William F. McNulty, New York City (Otto M. Buerger, Jamaica, N. Y.), for defendant-appellee.

Before MOORE, KAUFMAN and MARSHALL, Circuit Judges.


LEONARD P. MOORE, Circuit Judge

Plaintiff appeals from a judgment in favor of defendant entered after a trial to court and jury.

Plaintiff, a Chinese cook, was injured when struck, while standing at the edge of the westbound platform of defendant's Carle Place station, by the grab iron of the locomotive of a train moving at a high rate of speed in an easterly direction. Defendant was authorized to use the westbound track for its eastbound trains. This "reverse...

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