U.S. Court of Appeals for the Second Circuit, 1955

Nicholas R. McCarthy v. The Pennsylvania Railroad Company

U.S. Court of Appeals for the Second Circuit · Decided November 23, 1955

227 F.2d 382; 1955 U.S. App. LEXIS 3210 (Federal Reporter, Second Series)

Opinion

227 F.2d 382

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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