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LEHIGH & N. E. R. CO. v. SMALE

No. 3582.

19 F.2d 67 (1927)

LEHIGH & N. E. R. CO. v. SMALE.

Circuit Court of Appeals, Third Circuit.

April 27, 1927.

Attorney(s) appearing for the Case

William V. Lee and Edward L. Katzenbach, both of Trenton, N. J., for plaintiff in error.

Charles A. Ludlow and Ralph W. Botham, both of New York City, for defendant in error.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

While Russell R. Smale, hereafter called plaintiff, was engaged as a brakeman in the interstate commerce work of the Lehigh & New England Railroad Company, hereafter called defendant, he was injured by reason, as alleged, of the appliances of the defendant on one of its locomotives, which failed to comply with the requirements of the Interstate Commerce Commission. He recovered a verdict, and on entry of judgment this writ of error was...

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