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MILLER v. ERIE LACKAWANNA RY. CO.

No. 741, Docket 80-7527.

645 F.2d 140 (1981)

Dale MILLER, Plaintiff-Appellant, v. ERIE LACKAWANNA RAILWAY CO., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 26, 1981.

Attorney(s) appearing for the Case

George M. Gibson, Buffalo, N.Y. (Damon, Morey, Sawyer & Moot, Buffalo, N.Y., of counsel), for plaintiff-appellant.

Ruth R. O'Keefe, Buffalo, N.Y. (Moot, Sprague, Marcy, Landy, Fernbach & Smythe, Buffalo, N.Y., of counsel), for defendant-appellee.

Before LUMBARD, MANSFIELD and KEARSE, Circuit Judges.

MANSFIELD, Circuit Judge:

In this relatively simple personal injury action by a railroad employee, Dale Miller, against the Erie Lackawanna Railway Company (Erie) under the Federal Employers' Liability Act, 45 U.S.C. §§ 51, et seq. (FELA), which was tried to the court without a jury in the Western District of New York, we are faced with the question of how much reliance can be placed on findings of a trial judge who, after hearing the defendant's...

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