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COOLEY v. NEW YORK CENT. R. CO.

No. 169.

80 F.2d 816 (1936)

COOLEY v. NEW YORK CENT. R. CO.

Circuit Court of Appeals, Second Circuit.

January 6, 1936.

Attorney(s) appearing for the Case

Whalen, McNamee, Creble & Nichols, of Albany, N. Y., for appellant.

Arthur B. Lanphier, of Albany, N. Y., for appellee.

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

CHASE, Circuit Judge.

The plaintiff's intestate, Hormidas Provost, died on the night of December 15, 1933, from accidental injuries received while performing his work as a brakeman employed by the Boston & Albany division of the defendant in its freight yard at Springfield, Mass. The suit is for the benefit of the widow and next of kin under the Federal Employers' Liability Act (45 U.S.C.A. § 51). Refusal to grant the defendant's motion for a directed verdict...

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