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VAN DERVEER v. DELAWARE, L. & W. R. CO.

No. 341.

84 F.2d 979 (1936)

VAN DERVEER v. DELAWARE, L. & W. R. CO.

Circuit Court of Appeals, Second Circuit.

July 6, 1936.

Attorney(s) appearing for the Case

Thomas J. O'Neill, of New York City (Jeremiah J. Riordan and John V. Higgins, both of New York City, of counsel), for appellant.

Douglas Swift, of New York City, for appellee.

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

L. HAND, Circuit Judge.

This appeal is from a judgment in an action at law dismissing the complaint, entered on the direction of a verdict at the close of the evidence. The plaintiff sued as administrator of James A. Van Derveer, a freight conductor on the defendant's road, killed while engaged in interstate commerce. The accident happened in the defendant's yard at Secaucus, New Jersey, on February 3, 1935, at about six-thirty o'clock in the morning while it was...

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