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BAIN v. NEW YORK CENTRAL RAILROAD

No. 314, Docket 29281.

342 F.2d 801 (1965)

Carl C. BAIN, Plaintiff-Respondent, v. NEW YORK CENTRAL RAILROAD, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided March 12, 1965.

Attorney(s) appearing for the Case

Edward R. Macomber, Rochester (Harris, Beach, Wilcox, Dale & Linowitz, of Rochester, on the brief), for defendant-appellant.

James E. McLaughlin, Pittsburgh, Pa. (John A. DeMay, Pittsburgh, Pa., Walter Brock, Buffalo, N. Y., and McArdle, Harrington, Feeney & McLaughlin, Pittsburgh, on the brief), for plaintiff-respondent.

Before WATERMAN, SMITH and ANDERSON, Circuit Judges.

PER CURIAM.

In this diversity action the plaintiff, Carl C. Bain, was awarded a jury verdict on which judgment was entered for $100,000. The New York Central Railroad has appealed on the ground that Bain, as a trespasser, failed to prove actual knowledge of his presence and perilous position, by the crew of the train which caused his injuries, because this essential fact could not be inferred from the proof which Bain presented. The Railroad has also appealed from...

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