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TYREE v. NEW YORK CENTRAL RAILROAD COMPANY

No. 17200.

382 F.2d 524 (1967)

Lawrence Wayne TYREE, Plaintiff-Appellant, v. The NEW YORK CENTRAL RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

Certiorari Denied December 18, 1967.

Attorney(s) appearing for the Case

Robert M. Dudnik, Cleveland, Ohio, for appellant, Marshall I. Nurenberg, Dudnik, Komito, Nurenberg, Plevin, Dempsey & Jacobson, Cleveland, Ohio, on brief.

Rowan A. Greer, Dayton, Ohio, for appellee, Bieser, Greer & Landis, Dayton, Ohio, on brief.

Before WEICK, Chief Judge, McCREE, Circuit Judge, and McALLISTER, Senior Circuit Judge.

Certiorari Denied December 18, 1967. See 88 S.Ct. 589.

McALLISTER, Senior Circuit Judge.

Lawrence Wayne Tyree, appellant, an employee of The New York Central Railroad Company, filed his complaint against the company, embodying two causes of action, based on the Federal Employers' Liability Act, Title 45 U.S.C.A. § 1 et seq.

He founded his first cause of action on Section 2 of the Act, which imposes an absolute duty on a railroad carrier to use...

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