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HALGES v. CENTRAL R. CO. OF NEW JERSEY

No. 393.

58 F.2d 169 (1932)

HALGES v. CENTRAL R. CO. OF NEW JERSEY.

Circuit Court of Appeals, Second Circuit.

May 9, 1932.

Attorney(s) appearing for the Case

Charles E. Miller, of New York City, for appellant.

Thomas J. O'Neill, of New York City (Charles D. Lewis, of White Plains, N. Y., of counsel), for appellee.

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

PER CURIAM.

The action was brought under the Federal Employers' Liability Act (45 USCA §§ 51-59) for the death of a car inspector, while engaged in interstate commerce in the defendant's railway yard. At the close of the evidence each side moved for a verdict, and the judge decided in the plaintiff's favor, leaving the assessment of damages to the jury. As the defendant did not ask to go to the jury after the direction of the verdict against it, the case...

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