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PASTER v. PENNSYLVANIA R. R.

No. 343.

43 F.2d 908 (1930)

PASTER v. PENNSYLVANIA R. R.

Circuit Court of Appeals, Second Circuit.

July 28, 1930.

Attorney(s) appearing for the Case

Burlingham, Veeder, Fearey, Clark & Hupper, of New York City (Morton L. Fearey and C. B. M. O'Kelley, both of New York City, of counsel), for appellant.

Samuel I. Siegel, of New York City (John Winans, of New York City, of counsel), for appellee.

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

L. HAND, Circuit Judge.

Paster, the plaintiff, was an assistant yardmaster employed by the defendant in one of its freight yards in Philadelphia. The accident which injured him happened between three and four o'clock in the morning of November 28, 1928, while he was engaged in his work in the yard. He sues under the Federal Employers' Liability Act (45 USCA §§ 51-59). The yard has many tracks leading off a leader, those here important being numbered fifteen...

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