Legal Opinion
Fitzgerald v. Pennsylvania R.
Court of Appeals for the Second Circuit
Decided November 24, 1947No. 68, Docket 20736PublishedCited by 5 opinions
1Opinion of the Court
CHASE, Circuit Judge.
The defendant has appealed from a judgment entered in the District Court for the Southern District of New York on a verdict for the plaintiff in a suit under the Federal Employers’ Liability Act, 45 U.S. C.A. § 51 et seq., to recover damages for personal injuries. The defendant moved to set aside the verdict on the ground that it was physically impossible for the plaintiff to have been hurt in the manner she testified. The denial of that motion raises the sole question presented for review.
On November 30, 1945, the date of the accident, the plaintiff, a woman then 27…
2Cases cited5 opinions
- Tennant v. Peoria & Pekin Union Railway Co.Supreme Court of the United States · 1944
- Ellis v. Union Pacific RailroadSupreme Court of the United States · 1947
- Baltimore & Carolina Line, Inc. v. RedmanSupreme Court of the United States · 1935
- Redman v. Baltimore & Carolina Line, Inc.Court of Appeals for the Second Circuit · 1934
- Union Indemnity Co. v. LeidesdorfCourt of Appeals for the Second Circuit · 1930
3Cited by5 opinions
- Fleming v. KellettCourt of Appeals for the Tenth Circuit · 1948
- Ford v. Southwestern Greyhound Lines, Inc.Court of Appeals for the Fifth Circuit · 1950
- Croker v. Central Vermont Ry., Inc.Court of Appeals for the Second Circuit · 1949
- De Jean v. Great American Indemnity Co.District Court, W.D. Louisiana · 1954
- Fleming v. KellettCourt of Appeals for the Tenth Circuit · 1948