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RUDDY v. NEW YORK CENTRAL RAILROAD COMPANY

Civ. 5036.

124 F.Supp. 470 (1954)

Robert F. RUDDY, Plaintiff, v. NEW YORK CENTRAL RAILROAD COMPANY, Defendant and Third-Party Plaintiff, ATLAS TACK CORPORATION, Third-Party Defendant.

United States District Court, N. D. New York.

September 30, 1954.

Attorney(s) appearing for the Case

McElroy, Young, Mahley & Dunn, Syracuse, N. Y., Gordon H. Mahley, Syracuse, N. Y., of counsel, for plaintiff.

Kernan & Kernan, Utica, N. Y., Willis D. Morgan, James S. Kernan, Jr., Utica, N. Y., of counsel, for defendant and third-party plaintiff, N. Y. Cent. R. Co.

Mackenzie, Smith & Mitchell, Syracuse, N. Y., George S. Sullivan, Neal P. McCurn, Syracuse, N. Y., of counsel, for third-party defendant, Atlas Tack Corp.

FOLEY, District Judge.

A general verdict in the substantial amount of $125,000 was returned by a jury in favor of plaintiff, Ruddy, against the defendant, New York Central Railroad Company. This action was the usual one by a railroad employee against the railroad employer under the provisions of the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq. As I recall from my memory and rough notes, the evidence established that at the time and previous to the...

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