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PIECZONKA v. PULLMAN CO.

No. 293.

89 F.2d 353 (1937)

PIECZONKA v. PULLMAN CO.

Circuit Court of Appeals, Second Circuit.

April 5, 1937.

Attorney(s) appearing for the Case

William L. Clay, of Rochester, N. Y. (Edward R. Murphy, of Rochester, N. Y., on the brief), for appellant.

Locke, Babcock, Hollister & Brown, of Buffalo, N. Y. (Evan Hollister, of Buffalo, N. Y., of counsel), for appellee.

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

L. HAND, Circuit Judge.

This is an appeal by the plaintiff from a judgment for the defendant, entered on the verdict of a jury, in an action to recover for the death of her intestate due to silicosis, contracted while in the defendant's employ. The errors relied upon are in the judge's charge. The defendant had a plant in East Buffalo, N. Y., where it renovated its cars; part of the renovation was repainting, and in order to repaint, the old paint had first to be...

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