CASE v. NEW YORK CENTRAL RAILROAD COMPANY

No. 288, Docket 28462.

329 F.2d 936 (1964)

Archie K. CASE, Plaintiff-Appellant, v. NEW YORK CENTRAL RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided April 1, 1964.


Attorney(s) appearing for the Case

J. Murray Dunn, Syracuse, N. Y. (McElroy, Young, Martin & Dunn), Syracuse, N. Y., for plaintiff-appellant.

Howard G. Munson, Syracuse, N. Y. (Hiscock, Cowie, Bruce, Lee & Mawhinney), Syracuse, N. Y., for defendant-appellee.

Before FRIENDLY, SMITH and HAYS, Circuit Judges.


FRIENDLY, Circuit Judge.

This appeal by a plaintiff in an FELA case from an adverse judgment entered on a verdict after a trial held in Syracuse, N. Y., before Judge Brennan and a jury, raises a single question as to the admissibility of evidence.

Case, a conductor employed by the New York Central, sought damages for a laceration of his leg and other injuries suffered at the Central's Albany, N. Y. station on December 15, 1960. The fact of injury was not disputed...

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