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ATCHISON & c. RY. v. SWEARINGEN

No. 74.

239 U.S. 339 (1915)

ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY v. SWEARINGEN.

Supreme Court of United States.

Decided December 13, 1915.

Attorney(s) appearing for the Case

Mr. Robert Dunlap, with whom Mr. Gardiner Lathrop, Mr. J.W. Terry and Mr. A.H. Culwell were on the brief, for plaintiff in error.

Mr. Perry J. Lewis, Mr. C.P. Johnson and Mr. S. Elgelking, for defendant in error submitted.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is a suit for personal injuries suffered by the plaintiff (defendant in error,) while acting as fireman upon and in charge of a defective engine that had been picked up by a train. He had been kept on duty for more than sixteen hours, and, as we take it for present purposes, contrary to the act of March 4, 1907, c. 2939...

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