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Vitarelle v. Long Island Rail Road Co.

decided: July 22, 1969.

FRANK A. VITARELLE, PLAINTIFF-APPELLANT,
v.
THE LONG ISLAND RAIL ROAD COMPANY, DEFENDANT-APPELLEE



Waterman, Smith and Feinberg, Circuit Judges.

Author: Per Curiam

Plaintiff-appellant, an electrician employee of The Long Island Rail Road Company, was injured in the course of his employment and brought this action against appellant pursuant to the Federal Employers' Liability Act. The case was tried to a jury. When the forelady reported the verdict, the following occurred:

The Clerk: Madam Forelady, have you agreed upon a verdict?

The Forelady: Yes, we have.

The Clerk: What is your verdict, please?

The Forelady: We have found that the defendant -- the plaintiff was negligent.

The Clerk: You say you find for the defendant.

Members of the jury listen to your verdict as it stands recorded.

You say you find for the defendant.

(Each juror, upon being asked by the clerk, "Is that your verdict," answered in the affirmative.)

The Clerk: So say you all.

The Court: I would ask the Madam Forelady: Do you mean that you found that the accident was caused solely by the plaintiff's negligence?

The Forelady: Yes.

The Court: Thank you very ...


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