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DE SANTIS v. NEW YORK, N. H. & H. R. CO.

No. 103.

74 F.2d 261 (1934)

DE SANTIS v. NEW YORK, N. H. & H. R. CO.

Circuit Court of Appeals, Second Circuit.

December 17, 1934.

Attorney(s) appearing for the Case

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

Thomas J. O'Neill, of New York City (William J. Hogan and Joseph G. Saile, both of New York City, of counsel), for appellee.

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

SWAN, Circuit Judge.

The plaintiff was injured on the morning of November 18, 1933, while in the employ of the defendant as an assistant foreman of a work train crew. The work train was on an interstate track about a mile from Danbury, Conn., and the plaintiff was standing beside the train giving orders for the work in progress when he was struck on the head by the bucket of a steam shovel which was lowered without adequate warning. It was left to the jury to find...

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