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MATHEWES v. PORT UTILITIES COMMISSION

32 F.2d 913 (1929)

MATHEWES v. PORT UTILITIES COMMISSION OF CHARLESTON, S. C. et al.

District Court, E. D. South Carolina.

May 22, 1929.

Attorney(s) appearing for the Case

James Allan, F. W. Aley, and M. L. McCrae, all of Charleston, S. C., for plaintiff.

Huger, Wilbur, Miller & Mouzon and Lionel K. Legge, all of Charleston, S. C., for defendants.

ERNEST F. COCHRAN, District Judge.

The plaintiff's action is based on the Federal Employers' Liability Act (U. S. Code, tit. 45, § 51 [45 USCA § 51]). Both defendants have demurred on the ground that the action is in tort and that, being municipal corporations, they are not liable for the torts of their agents. The city council of Charleston (sued as the city of Charleston) demurs also on the ground that the acts complained of were those of the port utilities...

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