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MILLER v. CENTRAL R. CO. OF NEW JERSEY

No. 307.

58 F.2d 635 (1932)

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

Circuit Court of Appeals, Second Circuit.

May 16, 1932.

Attorney(s) appearing for the Case

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

Alfred T. Rowe, of New York City (Sol Gelb and Anthony Sansone, both of New York City, of counsel), for appellee.

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

L. HAND, Circuit Judge.

The deceased was a locomotive engineer employed upon a work train, a "work extra," of the defendant, moving east on a single track between a station known as Wareton, in New Jersey, and another known as Tom's River. It had been used to pick up spent rails which had been laid along the roadbed, and was carrying a gang of section men, who had been working on the track, and pulling their tool and camp cars, which had been added to the train. The...

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