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SLOCUM v. ERIE R. CO.

No. 100.

47 F.2d 216 (1931)

SLOCUM v. ERIE R. CO.

Circuit Court of Appeals, Second Circuit.

January 5, 1931.

Attorney(s) appearing for the Case

Mortimer L. Sullivan, of Elmira, N. Y., for appellant.

Stanchfield, Collin, Lovell & Sayles, of Elmira, N. Y., for appellee.

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

CHASE, Circuit Judge.

The plaintiff's intestate, Guy C. Slocum, was a switchman in a crew employed by the defendant, and was killed in its yard at Elmira, N. Y., on October 13, 1928, while assisting in putting five cars onto a siding by means of a "flying switch." The action was brought under the Federal Employers' Liability Act (45 USCA §§ 51-59). It was heard here on appeal from a judgment for the plaintiff [37 F.2d 42

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