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Muryn v. New York Central Railroad Co.

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

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