227 F2d 382 McCarthy v. Pennsylvania Railroad Company

227 F.2d 382

Nicholas R. McCARTHY, Plaintiff-Appellee,

v.

The PENNSYLVANIA RAILROAD COMPANY, Defendant-Appellant.

No. 108.

Docket 23725.

United States Court of Appeals Second Circuit.

Argued November 9, 1955.

Decided November 23, 1955.

David J. Mountan, Jr., New York City (Conboy, Hewitt, O'Brien & Boardman, New York City, on the brief), for defendant-appellant.

Seymour Schwartz, New York City (Bromsen & Gammerman, New York City, on the brief), for plaintiff-appellee.

Before CLARK, Chief Judge, and LUMBARD and WATERMAN, Circuit Judges.

PER CURIAM.

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1

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.

2

Affirmed.