Legal Opinion
Frank Eresafe v. New York, New Haven & Hartford Railroad Company, and Wilson & Co., Inc.
Court of Appeals for the Second Circuit
Decided December 23, 1957No. 76, Docket 24553PublishedCited by 4 opinions
1Opinion of the Court
LEIBELL, District Judge.
This case was tried before Judge Cashin without a jury. The judge made Findings of Fact and Conclusions of Law and gave judgment for plaintiff against the Railroad in the sum of $12,000. The plaintiff’s complaint and the Railroad’s cross claim were dismissed as against Wilson & Co., Inc.
Plaintiff was hired as a brakeman by the Railroad on July 29, 1955. About 3:00 A.M. on February 6, 1956, while he was signaling the engineer of his freight train with a lantern in one hand, and holding on with his other hand to a “grab iron” attached to the side of a Wilson & Co.…
2Cases cited4 opinions
- Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. RockSupreme Court of the United States · 1929
- Minneapolis, St. Paul & Sault Ste. Marie Railroad v. BorumSupreme Court of the United States · 1932
- Blanton v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1943
- Phillips v. Southern Pacific Co.California Court of Appeal · 1936
3Cited by4 opinions
- Gypsum Carrier, Inc. v. William D. HandelsmanCourt of Appeals for the Ninth Circuit · 1962
- Still v. Norfolk & Western Railway Co.Supreme Court of the United States · 1961
- Taylor v. Elgin, Joliet & Eastern Railway Co.Appellate Court of Illinois · 1961
- Still v. Norfolk & Western Railway Co.Supreme Court of the United States · 1961