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STEELE v. ERIE R. CO.

54 F.2d 688 (1930)

STEELE v. ERIE R. CO.

District Court, W. D. New York.

Supplemental Opinion January 2, 1931.

Attorney(s) appearing for the Case

Ward, Flynn, Spring & Tillou, of Buffalo, N. Y. (Dana L. Spring, of Buffalo, N. Y., of counsel), for plaintiff.

Moot, Sprague, Brownell & Marcy, of Buffalo, N. Y. (Welles V. Moot and Edward B. Horning, both of Buffalo, N. Y., of counsel), for defendant.

HAZEL, District Judge.

In this case, brought under the Federal Employers' Liability Act (45 USCA §§ 51-59) to recover damages for personal injuries sustained, the trial was to the court, jury having been regularly waived by the parties. It was proven that while engaged in interstate commerce employment, plaintiff on August 23, 1928, while in the discharge of his duties in using a grease gun of the plunger type, weighing 5 lbs., 12 inches long and 3 inches...

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