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PETTY v. NEW YORK CENTRAL RAILROAD

No. 66 Civ. 786.

322 F.Supp. 1324 (1970)

Arlander PETTY, Plaintiff, v. NEW YORK CENTRAL RAILROAD n/k/a Penn Central Transportation Company and Clark Equipment Company, Defendants.

United States District Court, S. D. New York.

July 17, 1970.

Attorney(s) appearing for the Case

Norman Roy Grutman, New York City, Trial Counsel, for plaintiff.

Fogarty & Nielsen, New York City, for Clark Equipment Co.; Tidal B. Henry, Jr., New York City, of counsel.

Thomas J. Smith, New York City, for Penn Central Transportation Co.; Henry W. Herbert, New York City, of counsel.

MEMORANDUM

CROAKE, District Judge.

On November 25, 1964, Arlander Petty, the plaintiff herein, was injured while working as an employee of defendant New York Central Railroad (hereinafter the Railroad) as a fork lift machine operator when the boom of such a machine which he was operating collapsed upon him.1 Plaintiff thereafter brought this action for damages under the Federal Employers' Liability Act, 45 U.S.C. § 51 et...

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