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FELICE v. LONG ISLAND RAILROAD COMPANY

No. 391, Docket 33714.

426 F.2d 192 (1970)

Gabriel FELICE, Plaintiff-Appellee, v. The LONG ISLAND RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 25, 1970.

Attorney(s) appearing for the Case

Howard G. Kristol, New York City (George M. Onken, Jamaica, N. Y. and James C. Hansen, New York City, of counsel), for defendant-appellant.

Peter M. J. Reilly, New York City (Edward G. Dougherty, and Roland J. Tellier, New York City, of counsel), for plaintiff-appellee.

Before LUMBARD, Chief Judge, FRIENDLY, Circuit Judge, and MANSFIELD, District Judge.

FRIENDLY, Circuit Judge:

In this action in the District Court for the Southern District of New York, Gabriel Felice sought to recover under the FELA for a back injury experienced while working at a shop of the Long Island R.R. After trial before Judge Metzner and a jury, he received a judgment for $100,460. Not disputing that there was sufficient evidence for the verdict, the Long Island complains of prejudicial errors at the trial.

On March 8, 1966, Felice...

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