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PENNSYLVANIA R. CO. v. HAMMOND

No. 340.

7 F.2d 1010 (1925)

PENNSYLVANIA R. CO. v. HAMMOND.

Circuit Court of Appeals, Second Circuit.

June 1, 1925.

Attorney(s) appearing for the Case

Alexander S. Diven, of Elmira, N. Y., for plaintiff in error.

Mortimer L. Sullivan, of Elmira, N. Y., for defendant in error.

Before ROGERS, HOUGH, and HAND, Circuit Judges.

ROGERS, Circuit Judge.

This action is brought under the federal Employers' Liability Act (35 Stat. 65 [Comp. St. §§ 8657-8665]). The plaintiff in his complaint asked for judgment against defendant in the sum of $150,000, for injuries he received in the performance of his duties as a fireman on one of defendant's locomotives — the accident occurring near Penn Yan in the state of New York. And it is stipulated between the parties that the plaintiff...

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