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PARKER v. LONG ISLAND RAIL ROAD COMPANY

No. 377, Docket 33570.

425 F.2d 1013 (1970)

John R. PARKER, Jr., Plaintiff-Appellee, v. The LONG ISLAND RAIL ROAD COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 17, 1970.

Attorney(s) appearing for the Case

Norman Jay Itzkoff, New York City (George M. Onken, Jamaica Station, N. Y., on the brief), for appellant.

Samuel Brill, New York City (Abraham S. Robinson, New York City, of counsel, Lewis I. Wolf and Edward R. Koudelka, New York City, on the brief), for appellee.

Before FRIENDLY, SMITH and ANDERSON, Circuit Judges.

J. JOSEPH SMITH, Circuit Judges.

John R. Parker, Jr., an employee of the Long Island Railroad Company, was injured in a fall on stairs at a passenger station of the railroad while on his way home from work and brought suit under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq., in the United States District Court for the Eastern District of New York. The jury, under instructions by Chief Judge Mishler, found that the injury occurred in the course...

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