BROWN v. NORFOLK & W. RY. CO.

No. 2537.

20 F.2d 133 (1927)

BROWN v. NORFOLK & W. RY. CO.

Circuit Court of Appeals, Fourth Circuit.

June 3, 1927.


Attorney(s) appearing for the Case

William H. Werth, of Tazewell, Va., for plaintiff in error.

S. K. Funkhouser, of Roanoke, Va., and Joseph M. Sanders, of Bluefield, W. Va. (F. M. Rivinus, of Philadelphia, Pa., Funkhouser & Apperson, of Roanoke, Va., and Sanders, Crockett, Fox & Sanders, of Bluefield, W. Va., on the brief), for defendant in error.

Before ROSE and PARKER, Circuit Judges, and McCLINTIC, District Judge.


PER CURIAM.

Plaintiff's intestate, W. E. Brown, was employed by defendant as a member of a mason's crew, and at the time of his death was being transported, with other members of the crew, on a "camp train," to repair a bridge used in interstate commerce. He had been assigned to the position of "kitchen flunkey" on the camp train, and as such he had, in addition to his duties as mason's helper, the duty of keeping the kitchen and dining car supplied with water and...

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