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LINDAUER v. NEW YORK CENTRAL RAILROAD COMPANY

No. 299, Docket 32401.

408 F.2d 638 (1969)

John W. LINDAUER, Plaintiff-Appellee, v. The NEW YORK CENTRAL RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided January 28, 1969.

Attorney(s) appearing for the Case

Jerome H. Shapiro, Gerald E. Dwyer, New York City, for appellant; Edward J. Murphy, New York City, of counsel.

Herbert Zelenko, New York City, for appellee.

Before MOORE, FRIENDLY and KAUFMAN, Circuit Judges.

PER CURIAM:

John W. Lindauer brought this action under the Federal Employers' Liability Act* to recover from the New York Central Railroad Company [the Railroad] for injuries he suffered as a result of frostbite incurred in the course of his employment. A jury trial resulted in a verdict and judgment for Lindauer in the amount of $62,000. The Railroad appeals, claiming (1) that the case should not have gone to the jury, since it was not...

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