Curley v. Consolidated Rail Corp.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff commenced an action against his employer Consolidated Rail Corp. (Conrail), pursuant to the Federal Employers’ Liability Act (45 USC § 51 et seq.), to recover damages for injuries sustained while he was driving one of Conrail’s vehicles. After a jury trial, a judgment and verdict was rendered in plaintiff’s favor.

The Appellate Division modified, on the law, vacating the judgment and verdict and dismissing the complaint, on the ground that plaintiff had not satisfied the standard of…