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WOLFE v. PENNSYLVANIA R. CO.

No. 179.

82 F.2d 164 (1936)

WOLFE v. PENNSYLVANIA R. CO.

Circuit Court of Appeals, Second Circuit.

March 2, 1936.

Attorney(s) appearing for the Case

Burlingham, Veeder, Clark & Hupper, of New York City (Ray Rood Allen, of New York City, of counsel), for appellant.

Jacob Klein, of New York City (Gazan & Caldwell, of New York City, of counsel), for appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

The plaintiff was a brakeman who for many years had been engaged in switching cars in the yards of the Pennsylvania Railroad at Renova, Pa. There was an overhead bridge crossing the tracks at that place, and telltales were not installed in front of the bridge to warn employees riding on the top of freight cars of the presence of the bridge. On February 27, 1934, the plaintiff was engaged in riding on top of a freight car which was...

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