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McCANN v. SMITH

No. 187, Docket 30673.

370 F.2d 323 (1966)

Edward R. McCANN, Plaintiff-Appellee, v. Richard Joyce SMITH, William J. Kirk and Harry W. Dorigan, Trustees of the New York, New Haven and Hartford Railroad Company, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided December 23, 1966.

Attorney(s) appearing for the Case

William A. Blank, Brooklyn, N. Y., for appellee.

Joseph P. Cooney, Hartford, Conn. (R. M. Peet, New York City, J. D. McHugh, T. J. O'Sullivan, New Haven, Conn., of counsel), for appellants.

Before WATERMAN, MOORE and HAYS, Circuit Judges.

HAYS, Circuit Judge:

Plaintiff was a locomotive engineer in the employ of the defendants. On the morning of August 27, 1961 he was engineer of a train from New Haven to Boston and was scheduled to return on a train leaving Boston in the late afternoon. In Boston he went to a bunkroom provided by the railroad to spend the layover time between trains. As he sat in the bunkroom he was suddenly attacked by another occupant of the bunkroom and was seriously injured. Plaintiff...

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