Mildred E. Shepard, as Administratrix of the Estate of Byron C. Shepard, Jr., Deceased v. The New York, New Haven & Hartford Railroad Company

MARSHALL, Circuit Judge.

Defendant appeals from a judgment in favor of plaintiff in an action under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq. The first trial, in April, 1961, was terminated when the jury failed to agree. Judgment was for plaintiff in the second trial before Judge McGohey and a jury in June, 1961.

Harry Richard Hender, employed by defendant as a conductor, was confined to a Connecticut state mental institution on March 22, 1957, where he remained until July 10, 1957. Prior to that time, he had had a record of irrational and violent behavior on the job. While…