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HOOKS v. NEW YORK CENTRAL RAILROAD COMPANY

No. 97, Docket 28330.

327 F.2d 259 (1964)

Willie C. HOOKS, Plaintiff-Appellant, v. NEW YORK CENTRAL RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 24, 1964.

Attorney(s) appearing for the Case

John F. Lawton, Syracuse, N. Y. (Goldbas & Goldbas, Utica, N. Y., on the brief) (Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse, N. Y., of counsel), for plaintiff-appellant.

James S. Kernan, Jr., Utica, N. Y. (Kernan & Kernan, Utica, N. Y., on the brief), for defendant-appellee.

Before SWAN, FRIENDLY and MARSHALL, Circuit Judges.

MARSHALL, Circuit Judge:

This suit was brought to recover for personal injuries sustained when plaintiff was struck by a freight train on July 2, 1958, as he was crossing defendant's right of way on foot. Federal jurisdiction is based on diversity of citizenship. After trial before a jury, a verdict for $30,000 was returned, but the judge granted defendant's motion for a directed verdict on the ground that the evidence showed plaintiff to have been contributorily...

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