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Zoccano v. Long Island Rail Road Company

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1947
272 App. Div. 949 (N.Y. App. Div. 1947)

Opinion

June 30, 1947.


In an action against an employer under the Federal Employers' Liability Act (U.S. Code, tit. 45, § 51 et seq.) to recover damages for negligence, it appears that plaintiff was assaulted and struck by the fists of a fellow employee after the attacker had threatened him, to the knowledge of respondent's foreman. Judgment setting aside a verdict of the jury in favor of plaintiff and dismissing the complaint, affirmed, with costs. No opinion. Hagarty, Acting P.J., Johnston, Adel and Sneed, JJ., concur; Carswell, J., dissents and votes to reverse the judgment and to reinstate the verdict. ( Bomba v. Borowicz, 265 App. Div. 198. )


Summaries of

Zoccano v. Long Island Rail Road Company

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1947
272 App. Div. 949 (N.Y. App. Div. 1947)
Case details for

Zoccano v. Long Island Rail Road Company

Case Details

Full title:FRANK ZOCCANO, Appellant, v. LONG ISLAND RAIL ROAD COMPANY, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 30, 1947

Citations

272 App. Div. 949 (N.Y. App. Div. 1947)