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

No. 97.

79 F.2d 844 (1935)

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

Circuit Court of Appeals, Second Circuit.

December 2, 1935.

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 (Thomas J. O'Neill and Charles R. Mullin, both of New York City, of counsel), for appellee.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

Appellee, a locomotive fireman, employed by the appellant, had been engaged in interstate commerce, a run from New London, Conn., by way of New Haven, Conn., to Springfield, Mass. He had the Springfield run, as he called this job, for two weeks immediately preceding June 6, 1933, and it was made on Tuesday, Thursday, and Saturday. Before midnight on June 5th, he left his home and went to the Cedar Hill enginehouse, about 3½ miles from New...

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