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BIERNACKI v. PENNSYLVANIA R. CO.

No. 88.

45 F.2d 677 (1930)

BIERNACKI v. PENNSYLVANIA R. CO.

Circuit Court of Appeals, Second Circuit.

December 8, 1930.

Attorney(s) appearing for the Case

Sydney A. Syme, of White Plains, N. Y., for appellant.

Burlingham, Veeder, Fearey, Clark & Hupper, of New York City (Morton L. Fearey, of New York City, and George F. Tinker, of counsel), for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

L. HAND, Circuit Judge.

Biernacki, the plaintiff's intestate, was an employee of the defendant, the foreman of a gang which regularly repaired a section of the track, other than that on which he was killed. He and his gang had been at work on this other section, had completed their work, and he was walking home with a companion, going west on the east-bound track so as to face all trains. Seeing a long east-bound freight train approaching, he crossed the west-bound...

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