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ERSKINE v. CONSOLIDATED RAIL CORP.

No. 85-3478.

814 F.2d 266 (1987)

Max D. ERSKINE, Plaintiff-Appellant, v. CONSOLIDATED RAIL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 17, 1987.

Attorney(s) appearing for the Case

Herbert L. Bernsteen, Deborah Purcell Goshien (argued), Cleveland, Ohio, for plaintiff-appellant.

Thomas R. Skulina (argued), Sheila A. McKeon, Skulina & McKeon, Cleveland, Ohio, for defendant-appellee.

Before MERRITT and MILBURN, Circuit Judges, and PECK, Senior Circuit Judge.

MILBURN, Circuit Judge.

Plaintiff Max Erskine appeals from the judgment of the district court denying his motion for a new trial. For the reasons set forth below, we affirm in part, reverse in part, and remand.

I.

Plaintiff Max Erskine was employed by defendant Conrail from 1941 until February 1982. On May 27, 1980, he was working on a caboose with an angle cock that was allegedly defective. Later that day, in preparation for a switching operation...

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