MARTIN v. PENNSYLVANIA R.R. CO.


20 A.D.2d 636 (1964)

George Martin, Appellant, v. Pennsylvania Railroad Company, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

January 30, 1964


Judgment entered in plaintiff's favor unanimously reversed on the law, and in the exercise of discretion, and a new trial ordered, with costs to the appellant.

In this action, brought under the Federal Employers' Liability Act, the burden of proving contributory negligence on the part of the plaintiff is upon the defendant (Central Vt. Ry. v. White, 238 U.S. 507). The trial court refused a request to charge as to the defendant...

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