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MURRAY v. NEW YORK CENTRAL RAILROAD COMPANY

171 F.Supp. 80 (1959)

Christopher MURRAY, Plaintiff, v. NEW YORK CENTRAL RAILROAD COMPANY, Defendant.

United States District Court S. D. New York.

March 5, 1959.

Attorney(s) appearing for the Case

Baker, Garber & Chazen, Hoboken, N. J., for plaintiff.

Gerald E. Dwyer, New York City, for defendant (C. Austin White, New York City, John H. McDonald, Scarsdale, N. Y., of counsel).

THOMAS F. MURPHY, District Judge.

This action under the Jones Act, 46 U.S.C.A. § 688, was tried to a jury which returned a verdict of $75,000. By agreement of counsel plaintiff's claim for maintenance and cure was reserved to the court, and the court also reserved decision on defendant's motion for limitation of liability, 46 U.S.C.A. § 183 et seq., pleaded in its answer as a partial defense.

The first problem presented by the defense of limitation...

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