Carl C. Bain, Plaintiff-Respondent v. New York Central Railroad

-In this diversity action the plaintiff, Carl C. Bain, was awarded a jury verdict on which judgment was entered for $100,000. The New York Central Railroad has appealed on the ground that Bain, as a trespasser, failed to prove actual knowledge of his presence and perilous position, by the crew of the train which caused his injuries, because this essential fact could not be inferred from the proof which Bain presented. The Railroad has also appealed from the court’s charge which, it claims failed to make clear to the jury, as the Railroad had requested, that it could not find willful and…