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TAYLOR v. BALTIMORE & OHIO RAILROAD CO.

No. 304, Docket 28175.

344 F.2d 281 (1965)

Curtis TAYLOR, Plaintiff-Appellant, v. The BALTIMORE & OHIO RAILROAD CO., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided April 2, 1965.

Attorney(s) appearing for the Case

Edward J. Bloustein, New York City (Fuchsberg & Fuchsberg, Jacob D. Fuchsberg, New York City, of counsel), for plaintiff-appellant.

Eugene Z. DuBose, New York City (Alexander & Green, Donald M. Dunn and Alfred C. Moran, New York City, of counsel), for defendant-appellee.

Before MOORE, FRIENDLY and MARSHALL, Circuit Judges.

FRIENDLY, Circuit Judge:

Curtis Taylor was a freight handler employed by The Baltimore & Ohio Railroad Co. (B & O) on a North River pier. On the night of December 24, 1956, he was helping unload a car float by driving a tractor hauling six "flat trucks" from the float over a gangplank to the pier, and back to the float for reloading. On one of these return journeys, Taylor suffered a back injury, as recounted later in this opinion. On December 26, after he...

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