KEMMERER v. READING CO.

No. 3481.

16 F.2d 924 (1926)

KEMMERER v. READING CO.

Circuit Court of Appeals, Third Circuit.

December 30, 1926.


Attorney(s) appearing for the Case

Charles A. Ludlow, of New York City, for plaintiff in error.

Wm. Clarke Mason, of Philadelphia, Pa., for defendant in error.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


WOOLLEY, Circuit Judge.

In this action brought under the federal Employers' Liability Act to recover for death, the defendant had a verdict and the plaintiff sued out this writ of error. 35 Stat. 65; 36 Stat. 291; Comp. Stat. §§ 8657-8665. Laying aside a question whether the bill of exceptions was seasonably stated and sealed, we come directly to the errors assigned, which relate solely to the judge's charge. The offending instruction, which the plaintiff...

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