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EATON v. LONG ISLAND RAIL ROAD COMPANY

No. 422, Docket 31970.

398 F.2d 738 (1968)

Robert T. EATON, Plaintiff-Appellee, v. The LONG ISLAND RAIL ROAD COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided May 28, 1968.

Attorney(s) appearing for the Case

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

Paul J. Donnelly, Jr., Jamaica, N. Y. (George M. Onken, Jamaica, N. Y., on the brief), for defendant-appellant.

Before LUMBARD, Chief Judge, and WATERMAN and KAUFMAN, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

The question before us on this appeal is a recurring one in litigation under the Federal Employers' Liability Act ["FE LA"], 45 U.S.C. § 51 et seq. — Was there sufficient evidence of the defendant's negligence to warrant submitting the case to the jury?

The pertinent evidence before the jury can be briefly summarized. The principal witness at the trial was plaintiff Robert T. Eaton, a car repairman welder in the...

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