IN RE SOUTHERN PAC. CO.


30 F.2d 723 (1928)

In re SOUTHERN PAC. CO.

District Court, S. D. New York.

May 1, 1928.


Attorney(s) appearing for the Case

Kirlin, Woolsey, Campbell, Hickox & Keating, Charles R. Hickox, and Vernon S. Jones, all of New York City, for petitioner.

Levy & Becker, Joseph Levy, and Harold R. Medina, all of New York City, for claimant.


BONDY, District Judge.

Throughout the trial and in his brief the proctor for claimant, Leonardo Garrafo, contended that Ostrand, the foreman, negligently directed Christofferson, the hookman, to take charge of the winch for the purpose of hoisting the heavy draft which fell and injured the claimant, and that, in directing Christofferson to take charge of the winch, the foreman was acting well within the scope of his authority, and that the negligence of the foreman...

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