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SEARFOSS v. LEHIGH VALLEY R. CO.

No. 253.

76 F.2d 762 (1935)

SEARFOSS v. LEHIGH VALLEY R. CO.

Circuit Court of Appeals, Second Circuit.

April 1, 1935.

Attorney(s) appearing for the Case

Stephen A. Machcinski, of New York City (Edward J. McCrossin, of New York City, of counsel), for plaintiff-appellee.

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

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

CHASE, Circuit Judge.

This action was brought under the Federal Employers' Liability Act (45 USCA § 51 et seq.) to recover for personal injuries sustained by the plaintiff when returning from work at the end of the day on a railroad motorcar provided by the defendant for that purpose and operated by an employee of the defendant upon defendant's railroad. The plaintiff was a track repairman in the employ of the defendant. On August 1, 1933, the motorcar upon which...

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