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GUINTHER v. PHILADELPHIA & R. RY. CO.

No. 3101.

1 F.2d 85 (1924)

GUINTHER v. PHILADELPHIA & R. RY. CO.

Circuit Court of Appeals, Third Circuit.

August 19, 1924.

Attorney(s) appearing for the Case

Frederic B. Scott, of New York City, and John L. Ridley, of Jersey City, N. J., for plaintiff in error.

Katzenbach & Hunt, of Trenton, N. J. (Edgar W. Hunt, of Trenton, N. J., of counsel), for defendant in error.

Before WOOLLEY and DAVIS, Circuit Judges, and THOMPSON, District Judge.

DAVIS, Circuit Judge.

The plaintiff, administratrix of the estate of William Guinther, her deceased husband, brought suit under the federal Employers' Liability Act (35 Stat. 65 [Comp. St. §§ 8657-8665]) to recover damages for the death of her husband while he was employed by the defendant railroad company. It is admitted that both the decedent and the railroad company were engaged in interstate commerce at the time of the accident, which occurred August...

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