GETTY v. BOSTON AND MAINE CORPORATION

No. 74-1174.

505 F.2d 1226 (1974)

George GETTY, Plaintiff-Appellant, v. BOSTON AND MAINE CORPORATION, Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided November 15, 1974.


Attorney(s) appearing for the Case

James F. Freeley, Jr., Boston, Mass., with whom Louis A. Guidry and Feeney & Freeley, Boston, Mass., were on brief for plaintiff-appellant.

John J. O'Brien, Boston, Mass., with whom John J. C. Herlihy and Hale, Sanderson, Byrnes & Morton, Boston, Mass., were on brief, for defendant-appellee.

Before COFFIN, Chief Judge, and ALDRICH and CAMPBELL, Circuit Judges.


LEVIN H. CAMPBELL, Circuit Judge.

In this FELA action plaintiff appeals from a judgment entered upon a directed verdict in favor of defendant railroad. At the close of plaintiff's evidence the district court ruled that there was nothing upon which a jury could find that plaintiff had been within the scope of his employment at the time he was injured. Since such a finding is a prerequisite for recovery under the FELA, 45 U.S.C. § 51, the court granted defendant...

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