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HEALEY v. NEW YORK, O. & W. R. CO.

No. 34.

79 F.2d 542 (1935)

HEALEY v. NEW YORK, O. & W. R. CO.

Circuit Court of Appeals, Second Circuit.

November 4, 1935.

Attorney(s) appearing for the Case

Watts, Oakes & Bright, of Middletown, N. Y. (Abram F. Servin, of Middletown, N. Y., of counsel), for appellant.

T. J. Gillen, of Brooklyn, N. Y., and A. L. Casey, of Scranton, Pa. (William G. Walsh, of New York City, of counsel), for appellee.

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

MANTON, Circuit Judge.

Appellee's intestate, employed by the appellant as a brakeman, met an accidental death on March 20, 1931, while at work shifting cars on a track known as the "Riverside Mine Run," extending from Mayfield, Pa., to the Ontario & Riverside breakers south thereof. This line is used solely for making up trains of coal which are loaded at these respective breakers; also for storing coal cars while awaiting loading or transportation. He fell from...

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