George Muryn v. New York Central Railroad Company

270 F.2d 645 George MURYN, Plaintiff-Appellant, v. NEW YORK CENTRAL RAILROAD COMPANY, Defendant-Appellee. No. 9, Docket 24770. United States Court of Appeals Second Circuit. Argued Oct. 7, 1959. Decided Oct. 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. PER CURIAM. [1] 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. [2] 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. [3] Judgment affirmed in open court. [4] WATERMAN, Circuit Judge, concurs in the result.