Legal Opinion

La France v. New York, New Haven & Hartford Railroad

District Court, D. Connecticut

Decided January 30, 1961No. Civ. No. 8386PublishedCited by 9 opinions

1Opinion of the Court

TIMBERS, District Judge.

Defendant moves, pursuant to Rule 59 (a), Fed.R.Civ.P., 28 U.S.C.A., for a new trial.

The action was brought pursuant to the Federal Employers’ Liability Act, 45 U.S.C.A. §§ 51-60, to recover damages for personal injuries sustained by plain-1 tiff while employed as a brakeman by defendant on July 6, 1959 in defendant’s East Classification Yard at North Haven, Connecticut. At the time of the accident plaintiff was engaged in attempting to throw a switch which, after having been partly thrown by plaintiff, suddenly sprang back to its original position, resulting in the…

2Cases cited74 opinions

  1. Dimick v. SchiedtSupreme Court of the United States · 1935
  2. Barry v. EdmundsSupreme Court of the United States · 1886
  3. Neese v. Southern Railway Co.Supreme Court of the United States · 1955
  4. Kathleen Troupe v. Chicago, Duluth & Georgian Bay Transit CompanyCourt of Appeals for the Second Circuit · 1956
  5. Union Pacific Railroad v. HadleySupreme Court of the United States · 1918

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3Cited by9 opinions

  1. Floyd Gene Bridger v. Union Railway CompanyCourt of Appeals for the Sixth Circuit · 1966
  2. Theodore Benazet v. Atlantic Coast Line Railroad Company, and Third-Party v. Erie Lackawanna Railroad Company, Third-PartyCourt of Appeals for the Second Circuit · 1971
  3. Garzilli v. Howard Johnson's Motor Lodges, Inc.District Court, E.D. New York · 1976
  4. MacHleder v. DiazDistrict Court, S.D. New York · 1985
  5. Devlin v. Safeway Stores, Inc.District Court, S.D. New York · 1964

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