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UNADILLA VALLEY RY. CO. v. DIBBLE

No. 161.

31 F.2d 239 (1929)

UNADILLA VALLEY RY. CO. v. DIBBLE.

Circuit Court of Appeals, Second Circuit.

March 11, 1929.

Attorney(s) appearing for the Case

Merritt Bridges, of Morris, N. Y. (Warwick J. Kernan, of Utica, N. Y., of counsel), for plaintiff in error.

Glenn F. Carter, of Norwich, N. Y. (David F. Lee, of Binghamton, N. Y., of counsel), for defendant in error.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge (after stating the facts as above).

The Federal Employers' Liability Act (45 USCA §§ 51-59), under which Dibble brought this action to recover damages for his injuries, imposes liability upon a common carrier engaged in interstate commerce for injuries to any employee "resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier." The plaintiff contends:

(1) That the...

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