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CALLIS v. LONG ISLAND RAILROAD COMPANY

No. 262, Docket 30349.

372 F.2d 442 (1967)

Henry Odell CALLIS, as Guardian and as Guardian ad Litem of David Manuel Mendez, an infant, and Odell Callis, as Admr. of the Estate of Ann Janet Callis Mendez, deceased, and James H. Bateman, Admr. of the Estate of Manuel Enric Mendez Cuevas, deceased, Plaintiffs-Appellants, v. The LONG ISLAND RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided February 14, 1967.

Attorney(s) appearing for the Case

Milton G. Sincoff, Harry E. Kreindler, Paul S. Edelman, Kreindler & Kreindler, New York City, for plaintiffs-appellants.

William F. McNulty, New York City, Paul J. Donnelly, Jr., George M. Onken, Jamaica, N. Y., for defendant-appellee.

Before WATERMAN, MOORE and KAUFMAN, Circuit Judges.

PER CURIAM:

This is an appeal from an order of the United States District Court for the Eastern District of New York, wherein the trial judge granted a motion for a directed verdict against appellants and dismissed their complaint. Appellants seek a remand for a new trial.

This action arises out of a railroad grade crossing accident when an automobile in which Manuel Enric Mendez Cuevas, his wife Ann Mendez, and infant son David Mendez, were traveling, collided...

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