CLARK v. PENNSYLVANIA RAILROAD COMPANY

No. 184, Docket 28441.

328 F.2d 591 (1964)

Arthur CLARK, Plaintiff-Appellant, v. The PENNSYLVANIA RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided February 14, 1964.


Attorney(s) appearing for the Case

Melvin A. Cohen, New York City (Bromsen & Gammerman, New York City, on the brief), for plaintiff-appellant.

Thomas V. McMahon, New York City (Myron D. Cohen and Conboy, Hewitt, O'Brien & Boardman, New York City, on the brief), for defendant-appellee.

Before MEDINA, WATERMAN and MARSHALL, Circuit Judges.


MEDINA, Circuit Judge.

Arthur Clark, employed by the Pennsylvania Railroad Company as a buffet lounge attendant, appeals from a judgment entered on a jury verdict for defendant in an action under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq. The claim by appellant is that he was denied a fair trial because Judge Rosling: (1) refused to grant a certain request for instructions on the subject of assumption of risk; (2) was not sufficiently explicit...

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