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Muryn v. New York Central Railroad Company

United States Court of Appeals, Second Circuit
Oct 7, 1959
270 F.2d 645 (2d Cir. 1959)

Opinion

No. 9, Docket 24770.

Argued October 7, 1959.

Decided October 7, 1959.

Daniel Galinson, New York City (Bromsen Gammerman, New York City, on the brief), for plaintiff-appellant.

William L. Shumate, New York City (Gerald E. Dwyer, New York City, on the brief), for defendant-appellee.

Before LUMBARD, WATERMAN and FRIENDLY, Circuit Judges.


The plaintiff, having consented to go to the jury on the factual issues, by his failure to move for a directed verdict, will not be heard now to challenge the verdict for the defendant on the ground of the insufficiency of the evidence. Jorgensen v. York Ice Machinery Corporation, 2 Cir., 1947, 160 F.2d 432.

In any event, we are of the opinion that a jury question was presented by the evidence regarding the operation by the defendant's employee of an electrical transporter, as a result of which a three foot iron pipe was thrown through the air striking and injuring the plaintiff.

Judgment affirmed in open court.

WATERMAN, Circuit Judge, concurs in the result.


Summaries of

Muryn v. New York Central Railroad Company

United States Court of Appeals, Second Circuit
Oct 7, 1959
270 F.2d 645 (2d Cir. 1959)
Case details for

Muryn v. New York Central Railroad Company

Case Details

Full title:George MURYN, Plaintiff-Appellant, v. NEW YORK CENTRAL RAILROAD COMPANY…

Court:United States Court of Appeals, Second Circuit

Date published: Oct 7, 1959

Citations

270 F.2d 645 (2d Cir. 1959)