Because the assault in the instant case "was not committed for the benefit of the defendant", Walters v. Moore-McCormack Lines, supra, 309 F.2d at 195, verdict was properly directed for the defendant. For similar holdings under the Federal Employers' Liability Act, see Sowards v. Chesapeake and Ohio Railway Co., 580 F.2d 713, 715 (4th Cir. 1978); Slaughter v. Atlantic Coast Line Railroad Co., supra, 302 F.2d at 916; Copeland v. St. Louis-San Francisco Railway Co., 291 F.2d 119, 121 (10th Cir. 1961); Euresti v. Washington Terminal Co., 280 F.2d 629, 630 (D.C.Cir. 1960); Hoyt v. Thompson, 174 F.2d 284, 285 (7th Cir. 1949); Sheaf v. Minneapolis, St. Paul S.S.M.R. Co., 162 F.2d 110, 113 (8th Cir. 1947); Zoccano v. Long Island Rail Road Co., 298 N.Y. 553, 81 N.E.2d 96 (1948); Lore v. Baltimore and Ohio Railroad Co., 8 A.D.2d 944, 190 N.Y.S.2d 506 (1959). We find no merit in appellant's attack on the district court's evidentiary rulings, which were made in the exercise of that court's broad discretion.

The court read Davis v. Green, supra, as precluding recovery on that theory, but the court did not have the benefit of Lillie. The New York decision of Zoccano v. Long Island R. Co. (1948), 298 N.Y. 553 [ 81 N.E.2d 96], sets forth only the opinion of the trial court, which predated Lillie. Two state cases, decided after Lillie, Young v. New York Central R. Co. (1949), 88 Ohio App. 352 [ 88 N.E.2d 220], and Amann v. Northern Pacific Railway Co. (1955), 130 Mont. 11 [ 292 P.2d 753], attempt to distinguish that case.