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Nicholas R. McCARTHY, Plaintiff-Appellee, v. The PENNSYLVANIA RAILROAD COMPANY, Defendant-Appellant

United States Court of Appeals for the Second Circuit1955-11-23No. No. 108, Docket 23725
227 F.2d 382

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

PER 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.