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FERNALD v. BOSTON & M. R. R.

No. 30.

62 F.2d 782 (1933)

FERNALD v. BOSTON & M. R. R.

Circuit Court of Appeals, Second Circuit.

January 9, 1933.

Attorney(s) appearing for the Case

Martin Gilligan, of New York City (K. O. Mott-Smith, of New York City, of counsel), for appellant.

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

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

AUGUSTUS N. HAND, Circuit Judge.

The plaintiff's decedent was a car inspector employed by the defendant railroad company. He met his death in defendant's freight yard at Ayer, Mass. The plaintiff, his widow and the administratrix of his estate, brought this action under the Federal Employers' Liability Act (45 USCA §§ 5159) to recover damages for his death, alleged to have been caused through the negligence of the railroad. The acts of negligence, relied...

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