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HOLFESTER v. LONG ISLAND RAILROAD COMPANY

No. 298, Docket 30148.

360 F.2d 369 (1966)

John HOLFESTER, Plaintiff-Appellee, v. The LONG ISLAND RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided May 10, 1966.

Attorney(s) appearing for the Case

Henry J. O'Hagan, New York City (Edward G. Dougherty and Peter M. J. Reilly, New York City, on the brief), for plaintiff-appellee.

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

Before MOORE, FRIENDLY and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

The principal and determinative issue in this case is whether or not the facts bring it within the Boiler Inspection Act, 45 U.S.C. § 23. The jury could have found the facts to be as follows: About 7:25 p. m. in the evening of December 22, 1963, a train arrived at Jamaica station. One of its cars, an electric, self-propelled mail and baggage car, designated as #4207, was detached and placed on Track 3E of the train assembly yard for inspection...

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