Nicholas R. McCarthy v. The Pennsylvania Railroad Company
This text of 227 F.2d 382 (Nicholas R. McCarthy v. The Pennsylvania Railroad Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Nicholas R. McCARTHY, Plaintiff-Appellee,
v.
The PENNSYLVANIA RAILROAD COMPANY, Defendant-Appellant.
No. 108, Docket 23725.
United States Court of Appeals Second Circuit.
Argued Nov. 9, 1955.
Decided Nov. 23, 1955.
Seymour Schwartz, New York City (Bromsen & Gammerman, New York City, on the brief), for plaintiff-appellee.
David J. Mountan, Jr., New York City (Conboy, Hewitt, O'Brien & Boardman, New York City, on the brief), for defendant-appellant.
Before CLARK, Chief Judge, and LUMBARD and WATERMAN, Circuit Judges.
PER CURIAM.
There was sufficient evidence to present an issue for the jury in support of plaintiff's contention that the operator of the electric baggage truck might have chosen a safe path on the other side of the station platform, instead of the course he followed-- next the train discharging and receiving passengers. See, e.g., Callaghan v. City of New York, 283 App.Div. 388, 128 N.Y.S.2d 206.
Affirmed.
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227 F.2d 382, 1955 U.S. App. LEXIS 3210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nicholas-r-mccarthy-v-the-pennsylvania-railroad-co-ca2-1955.