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GRIFFIN v. NEW YORK CENT. R. R. CO.

277 A.D. 320 (1950)

Oscar Griffin, Respondent, v. New York Central Railroad Company, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 27, 1950.

Attorney(s) appearing for the Case

Edward D. Burns of counsel (Rogers H. Bacon with him on the brief; Saxe, Bacon & O'Shea, attorneys), for appellant.

Bernard Meyerson of counsel (Harry H. Lipsig with him on the brief; Dyett & Stevens, attorneys), for respondent.

COHN, CALLAHAN, VAN VOORHIS and SHIENTAG, JJ., concur.

PECK, P. J.

This is an action by a Pullman porter against a railroad for personal injuries sustained in two accidents. We are not concerned with any question of liability as to the first accident because liability was admitted and the only question is one of damages. This appeal relates principally to the second cause of action, as to which defendant contends liability was not established and its motion to dismiss...

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