Legal Opinion

McCarthy v. Pennsylvania Railroad

Court of Appeals for the Second Circuit

Decided November 23, 1955No. 108, Docket 23725PublishedCited by 1 opinion

1Per curiam

There was sufficient evidence to present an issue for the jury in support of plaintiff’s contention that the operator of the electric baggage truck might have chosen a safe path on the other side of the station platform, instead of the course he followed — next the train discharging and receiving passengers. See, e. g., Callaghan v. City of New York, 283 App.Div. 388, 128 N.Y.S.2d 206.

Affirmed.

2Cases cited1 opinion

  1. Callaghan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1954

3Cited by1 opinion

  1. Nicholas R. McCarthy v. The Pennsylvania Railroad CompanyCourt of Appeals for the Second Circuit · 1955