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YOUNG v. NEW YORK, N. H. & H. R. CO.

No. 100.

74 F.2d 251 (1934)

YOUNG v. NEW YORK, N. H. & H. R. CO.

Circuit Court of Appeals, Second Circuit.

December 10, 1934.

Attorney(s) appearing for the Case

John M. Gibbons, of New York City (Edward R. Brumley, of New York City, of counsel), for appellant.

Thomas J. O'Neill, of New York City (William J. Hogan, of New York City, of counsel), for appellee.

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

L. HAND, Circuit Judge.

The plaintiff, Young, was a locomotive fireman in the defendant's employ; he was injured while riding on a light locomotive of the defendant between its New Haven and Cedar Hill stations. It is conceded that his injuries resulted from the negligence of the engineer in charge of the locomotive; but to recover in this action he had also to prove that he was engaged in interstate commerce at the time; and this is the only question at issue. His...

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