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READING CO. v. BOYER

No. 3285.

6 F.2d 185 (1925)

READING CO. v. BOYER.

Circuit Court of Appeals, Third Circuit.

June 8, 1925.

Attorney(s) appearing for the Case

William Clarke Mason, of Philadelphia, Pa., for plaintiff in error.

Ralph W. Botham, of New York City, and Wilbur A. Heisley, of Newark, N. J., for defendant in error.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

WOOLLEY, Circuit Judge.

This suit was brought under the Federal Employers' Liability Act (U. S. Comp. St. §§ 8657-8665) to recover damages sustained by the widow and children of George W. Boyer arising from his death while in the employ of the Reading Company as brakeman. The plaintiff had a verdict and the case is here on the defendant's writ of error.

Being in trespass, the action is based on the defendant's negligence. Its negligence, however...

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