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FLACK v. DELAWARE, L. & W. R. CO.

No. 62.

45 F.2d 683 (1930)

FLACK v. DELAWARE, L. & W. R. CO.

Circuit Court of Appeals, Second Circuit.

December 1, 1930.

Attorney(s) appearing for the Case

Douglas Swift, of New York City, for appellant.

Evans, Hunt & Rees and William G. Walsh, all of New York City (G. Everett Hunt, of New York City, of counsel), for appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

The questions before us are whether the Federal Employers' Liability Act (45 USCA §§ 51-59) applied to the facts of this case, and, if it did, whether the trial court gave proper instructions as to contributory negligence.

The plaintiff was employed by the defendant railroad company as a machinist in its roundhouse at Hampton, Pa., near the city of Scranton. The roundhouse was maintained for the housing of engines...

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