PIDGEON v. METRO-N. COMMUTER R.R.


248 A.D.2d 318 (1998)

670 N.Y.S.2d 833

Robert Pidgeon, Appellant, v. Metro-North Commuter Railroad, Respondent

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

March 31, 1998


The motion court erred in holding that plaintiff's showing was insufficient to create issues of fact as to negligence and notice.

The Federal Employers' Liability Act ([FELA] 45 USC § 51 et seq.), upon which plaintiff has based his action, generally provides that every railroad "shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce * * * for such injury or death resulting in whole or in part from...

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