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

McCarthy v. Pennsylvania Railroad

McCarthy v. Pennsylvania Railroad
U.S. Court of Appeals for the Second Circuit · Decided November 23, 1955
227 F.2d 382 (Federal Reporter, Second Series)

McCarthy v. Pennsylvania Railroad

Opinion of the Court

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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