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KNIERIM v. ERIE LACKAWANNA RAILROAD COMPANY

Nos. 600-02, Dockets 34323-25.

424 F.2d 745 (1970)

Clair D. KNIERIM, Plaintiff-Appellee, v. ERIE LACKAWANNA RAILROAD COMPANY, Defendant-Appellant. Donald J. CASHIN, Plaintiff-Appellee, v. ERIE LACKAWANNA RAILROAD COMPANY, Defendant-Appellant. Joseph R. SAMPSON, Plaintiff-Appellee, v. ERIE LACKAWANNA RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 22, 1970.

Attorney(s) appearing for the Case

Lloyd W. Roberson, and Vincent E. McGowan, New York City, for defendant-appellant.

Arnold B. Elkind, New York City, for plaintiffs-appellees.

Before SMITH, KAUFMAN and HAYS, Circuit Judges.

HAYS, Circuit Judge.

In these actions brought under the Federal Employers' Liability Act, 45 U.S.C. §§ 51 et seq. (1964), appellees sought to recover damages for injuries sustained when two of appellant's trains, on which appellees were crew members, met in a head-on collision. After a trial before Judge Thomas F. Murphy and a jury in the United States District Court for the Southern District of New York, the court, upon appellees' motion, directed a verdict...

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