Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Muryn v. New York Central Railroad Co.

UNITED STATES COURT OF APPEALS SECOND CIRCUIT


decided: October 7, 1959.

GEORGE MURYN, PLAINTIFF-APPELLANT,
v.
NEW YORK CENTRAL RAILROAD COMPANY, DEFENDANT-APPELLEE.

Before LUMBARD, WATERMAN and FRIENDLY, Circuit Judges.

Per Curiam.

The plaintiff, having consented to go to the jury on the factual issues, by his failure to move for a directed verdict, will not be heard now to challenge the verdict for the defendant on the ground of the insufficiency of the evidence. Jorgensen v. York Ice Machinery Corporation, 2 Cir., 1947, 160 F.2d 432.

In any event, we are of the opinion that a jury question was presented by the evidence regarding the operation by the defendant's employee of an electrical transporter, as a result of which a three foot iron pipe was thrown through the air striking and injuring the plaintiff.

Judgment affirmed in open court.

WATERMAN, Circuit Judge, concurs in the result.

19591007

© 1998 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.