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LEHIGH VALLEY R. CO. v. HOWELL

No. 212.

6 F.2d 784 (1925)

LEHIGH VALLEY R. CO. v. HOWELL.

Circuit Court of Appeals, Second Circuit.

February 20, 1925.

Attorney(s) appearing for the Case

Allan McCulloh, of New York City (Clifton P. Williamson and H. S. Ogden, both of New York City, of counsel), for plaintiff in error.

John C. Robinson, of New York City (Morris A. Wainger, of New York City, of counsel), for defendant in error.

Before ROGERS, HOUGH, and MANTON, Circuit Judges.

MANTON, Circuit Judge.

Defendant in error, employed as a brakeman by the plaintiff in error, was engaged in interstate commerce on May 13, 1920, at Hartz yard, at or near Ashmore, in the state of Pennsylvania. His crew was to haul out a train of 75 cars, which were put together, coupled, and apparently gathered for movement. His duty required him to inspect each car, to learn if it was properly coupled, with air hose attached and brakes released. It was then midnight...

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