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SKOLAR v. LEHIGH VALLEY R. CO.

No. 324.

60 F.2d 893 (1932)

SKOLAR v. LEHIGH VALLEY R. CO.

Circuit Court of Appeals, Second Circuit.

July 26, 1932.

Attorney(s) appearing for the Case

Lucien V. Axtell, of New York City (Charles A. Ellis, of New York City, of counsel), for appellant.

Alexander & Green, of New York City (H. S. Ogden, of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge.

The plaintiff was a fireman employed by the defendant on its tug Auburn at the time he sustained injury. His complaint alleges that on November 6, 1928, while he was standing upon the starboard firing platform in the fireroom, engaged in the performance of his duties, the tugboat lurched, throwing him to the floor and causing him to sustain a broken leg. The Auburn was constructed with four fire boxes, all of which were fired by the plaintiff...

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