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KODACK v. LONG ISLAND RAIL ROAD COMPANY

No. 340, Docket 29284.

342 F.2d 244 (1965)

Harold KODACK, Plaintiff-Appellee, v. The LONG ISLAND RAIL ROAD COMPANY, Defendant and Third-Party Plaintiff-Appellant, v. Marvin G. COURSEY, Third-Party Defendant. Action No. 1. Harold KODACK, Plaintiff, v. Marvin G. COURSEY, Defendant and Third-Party Plaintiff-Appellee, v. The LONG ISLAND RAIL ROAD COMPANY, Third-Party Defendant-Appellant. Action No. 2. Marvin G. COURSEY, Plaintiff-Appellee, v. The LONG ISLAND RAIL ROAD COMPANY, Defendant-Appellant. Action No. 3.

United States Court of Appeals Second Circuit.

Decided March 11, 1965.

Attorney(s) appearing for the Case

William F. McNulty, New York City (George M. Onken, Jamaica, N. Y., on the brief), for appellant.

Isidore Halpern, Brooklyn (Frederick Travers, John D. Calamari, Martin Fogelman, New York City, of counsel), for appellee Kodack.

David Farber, New York City (Jerome A. Gottlieb, New York City, on the brief), for appellee Coursey.

Before WATERMAN, FRIENDLY and HAYS, Circuit Judges.

HAYS, Circuit Judge:

This appeal involves three actions arising out of the collision at an unguarded grade crossing of a passenger train of the appellant railroad with a tractor-trailer combination owned and driven by Coursey. Kodack, an employee of the railroad acting as rear brakeman or flagman on the train, brought an action against the railroad under the Federal Employers' Liability Act1 for injuries sustained when he was thrown to...

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