LEHIGH VALLEY R. CO. v. McGRANAHAN

No. 138.

6 F.2d 431 (1925)

LEHIGH VALLEY R. CO. v. McGRANAHAN.

Circuit Court of Appeals, Second Circuit.

On Rehearing, May 11, 1925.


Attorney(s) appearing for the Case

Allan McCulloh, of New York City (Clifton P. Williamson, of New York City, of counsel), for plaintiff in error.

Sydney A. Syme, of Mt. Vernon, N. Y., for defendant in error.

Before ROGERS, HOUGH, and HAND, Circuit Judges.


HAND, Circuit Judge.

The plaintiff was a brakeman at work in the Jersey City yards of the defendant on January 27, 1921. He had been in its steady employ since 1910, and for the preceding four months had worked in these same yards. The accident happened at night, as follows: The crew, which consisted of an engineer, a fireman, two brakemen, and a conductor, were drilling freight cars in the yard. Next to the engine was an open flat car, called a "pusher," with which...

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