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McKEE v. NEW YORK CENTRAL RAILROAD COMPANY

No. 16340.

355 F.2d 165 (1966)

William R. McKEE, Plaintiff-Appellant, v. The NEW YORK CENTRAL RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

January 21, 1966.

Attorney(s) appearing for the Case

Marshall I. Nurenberg, Cleveland, Ohio, for appellant, John J. McCarthy, Dudnik, Komito, Nurenberg, Plevin, Dempsey & Jacobson, Cleveland, Ohio, on the brief.

John F. Dolan, Cleveland, Ohio, for appellee, T. R. Skulina, Cleveland, Ohio, on the brief.

Before WEICK, Chief Judge, and EDWARDS and CELEBREZZE, Circuit Judges.

PER CURIAM.

William R. McKee, hereinafter referred to as plaintiff, initiated this action by charging his employer, The New York Central Railroad Company, hereinafter referred to as defendant, with negligence under the Federal Employers' Liability Act, 45 U.S.C., Sections 51 through 60, and amendments thereto. The jury returned a verdict for defendant. Plaintiff appeals.

In the evening hours of August 15, 1961, plaintiff, without the use of his switch lamp...

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