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KUBERSKI v. NEW YORK CENTRAL RAILROAD COMPANY

No. 40, Docket 29412.

359 F.2d 90 (1966)

Michael KUBERSKI, Plaintiff-Appellee, v. NEW YORK CENTRAL RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided April 13, 1966.

Attorney(s) appearing for the Case

Fenton F. Harrison, Gaughan, Lankes & Baum, Coffey, Heffernan & Harrison, Buffalo, N. Y., for plaintiff-appellee.

Howard G. Munson, Hiscock, Cowie, Bruce, Lee & Mawhinney, Syracuse, N. Y., for defendant-appellant.

Before LUMBARD, Chief Judge, and WATERMAN and HAYS, Circuit Judges.

WATERMAN, Circuit Judge:

Chief Judge Lumbard, who joins with me in this opinion, and I are both of the belief that the plaintiff failed to prove any negligence on the part of the defendant railroad that contributed in any way to the plaintiff's injury, and that the trial judge, after a jury verdict for the plaintiff, should have granted the railroad's motion for a directed verdict and for judgment notwithstanding the verdict.

Michael Kuberski, the plaintiff...

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