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MILESKI v. LONG ISLAND RAIL ROAD COMPANY

No. 977, Docket 73-2751.

499 F.2d 1169 (1974)

John MILESKI, an infant over the age of 14 years, by his parent and natural guardian, Edward Francis Mileski, Plaintiffs-Appellees, v. The LONG ISLAND RAIL ROAD COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 3, 1974.

As Amended September 3, 1974.

Attorney(s) appearing for the Case

Arnold P. Messing, New York City (George M. Onken, Jamaica, N. Y., Alexander R. Sussman, Cravath, Swaine & Moore, New York City, of counsel), for defendant-appellant.

Peter M. J. Reilly, New York City (Edward G. Dougherty, Nicholas T. Diakow, New York City, of counsel), for plaintiffs-appellees.

Before ANDERSON, FEINBERG and MANSFIELD, Circuit Judges.

MANSFIELD, Circuit Judge:

Appellant, an 18-year old trackman employed by the Long Island Rail Road ("Railroad" herein), brought suit against it under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq. ("FELA" herein) for damages for injuries sustained when a fellow worker engaged in driving railroad spikes struck a rail, causing a piece of steel to fly off and to pierce appellee's left eye with the result that he suffered great pain, a

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