MARZANO v. LONG ISLAND RAILROAD CO.

No. 136, Docket 31553.

386 F.2d 432 (1967)

Carmine T. MARZANO, Plaintiff-Appellee, v. The LONG ISLAND RAILROAD CO., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 7, 1967.


Attorney(s) appearing for the Case

Peter M. J. Reilly, Henry J. O'Hagan, Edward G. Dougherty, New York City, for plaintiff-appellee.

William A. Blank, Brooklyn, N. Y., Donald I. Laventhall, New York City, George M. Onken, Jamaica, N. Y., for defendant-appellant.

Before WATERMAN, MOORE and HAYS, Circuit Judges.


PER CURIAM:

Plaintiff, a car repairman employed by defendant, was accidentally injured when a sliver of metal flew into his eye. Plaintiff and three other employees of defendant had finished hanging a vestibule door in one of defendant's cars. Plaintiff had turned away when, without warning plaintiff thereof, one of the other three began to hammer a chisel in order to knock off some corroded metal at the bottom of the door. Plaintiff turned at the sound of the hammering...

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