Dupay v. New York Central Railroad

MR. PRESIDING JUSTICE DRUCKER

delivered the opinion of the court.

The New York Central Railroad appeals from a judgment of $85,000 after a jury trial on plaintiff’s claim for personal injuries under Title 45 USCA §§ 51-60, the Federal Employers’ Liability Act. Plaintiff sued for injuries sustained while in defendant’s Ashtabula, Ohio, Railroad Yard.

Defendant urges the following contentions in its appeal from the judgment: (1) the trial judge should not have instructed the jury that the plaintiff was in the course of his employment when the accident occurred because there was evidence in the…