Legal Opinion

Thomas Hayes v. New York Central Railroad Co.

Court of Appeals for the Second Circuit

Decided December 18, 1962No. 27555_1PublishedCited by 9 opinions

1Opinion of the Court

KAUFMAN, Circuit Judge.

The defendant appeals from an adverse judgment in the sum of $22,500 entered upon a jury verdict in an action brought under the Federal Employers’ Liability Act, 45 U.S.C. § 51 et seq. It contends that there was no proof of negligence on its part which was the proximate cause of plaintiff’s injuries, and that even if there was, the proof of plaintiff’s contributory negligence was so overwhelming as to render the verdict excessive. We disagree and affirm the judgment of the District Court.

The plaintiff, Thomas Hayes, was given temporary employment by the New York Central…

2Cases cited4 opinions

  1. Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
  2. Moore v. Terminal Railroad Assn. of St. LouisSupreme Court of the United States · 1958
  3. Mildred E. Shepard, as Administratrix of the Estate of Byron C. Shepard, Jr., Deceased v. The New York, New Haven & Hartford Railroad CompanyCourt of Appeals for the Second Circuit · 1962
  4. George Taylor v. Canadian National Railway CompanyCourt of Appeals for the Second Circuit · 1962

3Cited by9 opinions

  1. Rambert L. Simmons v. Avisco, Local 713, Textile Workers Union of AmericaCourt of Appeals for the Fourth Circuit · 1965
  2. John W. Lindauer v. The New York Central Railroad CompanyCourt of Appeals for the Second Circuit · 1969
  3. Dickerson v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1984
  4. Garcia v. Burlington Northern RailroadDistrict Court, D. Colorado · 1984
  5. Bullard v. Central Vermont Railway, Inc.Court of Appeals for the First Circuit · 1977

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