Fred Guegan v. The New York Central Railroad Company

LUMBARD, Circuit Judge.

The two questions raised by this appeal are whether the verdict was contrary to the weight of the evidence and whether it was error for the court to refuse to charge that the car on which plaintiff was working was a locomotive under '45 U.S.C.A. § 23, the Federal Boiler Inspection Act.

The evidence adduced at the two day trial presented very simple issues of negligence and contributory negligence; there was ample support for the verdict of the jury.

Guegan was employed by the railroad as an electrician at its yard at North White Plains, New York to make electrical…