WYLIE v. CONSOL. RAIL CORP.


229 A.D.2d 966 (1996)

645 N.Y.S.2d 247

Kenneth Wylie, Respondent, v. Consolidated Rail Corporation, Appellant. (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 12, 1996


Amended judgment unanimously reversed on the law without costs and new trial granted.

Memorandum:

Plaintiff commenced this action under the Federal Employers' Liability Act to recover damages for personal injuries he allegedly sustained when he attempted to operate a defective hand-operated switch while working as a conductor/brakeman at defendant's Frontier Yard in Buffalo, New York. The jury awarded plaintiff damages in the sum of $4,031,926.

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