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GRUNENTHAL v. LONG ISLAND RAIL ROAD COMPANY

No. 63 Civ. 3491.

292 F.Supp. 813 (1967)

Carl F. GRUNENTHAL, Plaintiff, v. The LONG ISLAND RAIL ROAD COMPANY, Defendant and Third-Party Plaintiff, v. T. F. CONTRACTING CO., Inc., Third-Party Defendant.

United States District Court S. D. New York.

Supplemental Memorandum June 1, 1967.

Attorney(s) appearing for the Case

Milford J. Meyer, Philadelphia, Pa., for plaintiff; Irving Younger, New York City, N. Y., of counsel.

George M. Onken, Jamaica, N. Y., for defendant and third-party plaintiff; James T. Gallagher, Jamaica, N. Y., of counsel.

MacIntyre, Burke, Smith & Curry, New York, City, for third-party defendant; Thomas F. Cohalan, New York City, of counsel.

MEMORANDUM

COOPER, District Judge.

This cause came on for trial February 21, 1967. By stipulation entered into by all the parties, the issue of liability was first submitted to the jury for, determination. By agreement of defendants the claim over was reserved to the Court.

The jury on February 28, 1967 found against the Long Island Rail Road on liability and thereupon announced (by virtue of a similar stipulation) that the railroad was negligent...

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