Patrick H. Shea v. The New York, New Haven and Hartford Railroad Company

HARTIGAN, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the District of Massachusetts directing a verdict for the defendant-appellee in an action under the Federal Employers’ Liability Act, 45 U.S.C. § 51 et seq.

The events at issue took place on July 15, 1958. For a number of years prior to this date the defendant owned and maintained an auction room (for lost or damaged property) in a large shed surrounded by a fenced in parking area on Forsyth Street in Boston, Massachusetts. The entrance to the area was through a gate on Forsyth Street. A roadway…