Legal Opinion

George Taylor v. Canadian National Railway Company

Court of Appeals for the Second Circuit

Decided June 25, 1962No. 234, Docket 27287PublishedCited by 6 opinions

1Opinion of the Court

J. JOSEPH SMITH, Circuit Judge.

After trial to the jury under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., in the District Court for the District of Vermont, Ernest W. Gibson, Judge, and the return of a $70,000 plaintiff’s verdict, a motion for new trial was denied on condition of a remittitur of $20,000, which was filed, and judgment entered.

Defendant appeals on four grounds, (1) that the jury was influenced by passion and prejudice and that therefore a new trial rather than remittitur was required, (2) the refusal of a “real evidence” charge, (3) a charge on the failure to…

2Cases cited5 opinions

  1. Savino Dagnello v. Long Island Rail Road CompanyCourt of Appeals for the Second Circuit · 1961
  2. Minneapolis, St. Paul & Sault Ste. Marie Ry. Co. v. MoquinSupreme Court of the United States · 1931
  3. Thomas F. Maher v. Isthmian Steamship CompanyCourt of Appeals for the Second Circuit · 1958
  4. Vincent J. Dellaripa, Administrator of the Estate of Alfred Dellaripa v. The New York, New Haven & Hartford Railroad CompanyCourt of Appeals for the Second Circuit · 1958
  5. State v. LevineSupreme Court of Vermont · 1952

3Cited by6 opinions

  1. Rambert L. Simmons v. Avisco, Local 713, Textile Workers Union of AmericaCourt of Appeals for the Fourth Circuit · 1965
  2. Eileen Bailey v. Grand Trunk Lines New England, Canadian National Railway, Midline Division, St. Lawrence RegionCourt of Appeals for the Second Circuit · 1986
  3. Thomas Hayes v. New York Central Railroad Co.Court of Appeals for the Second Circuit · 1962
  4. Hardy v. Saliva Diagnostic Systems, Inc.District Court, D. Connecticut · 1999
  5. Jeanneret v. VicheyCourt of Appeals for the Second Circuit · 1982

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