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

No. 49.

93 F.2d 442 (1937)

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

Circuit Court of Appeals, Second Circuit.

December 20, 1937.

Attorney(s) appearing for the Case

E. R. Brumley, of New York City, for appellant.

Thomas J. O'Neill, of New York City, for appellee.

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

SWAN, Circuit Judge.

This is an appeal by the New York, New Haven & Hartford Railroad Company from a judgment for the plaintiff in an action brought under the Federal Employers' Liability Act, 45 U.S.C.A. c. 2, § 51 et seq., to recover damages for the death of John J. Sheehan, the plaintiff's intestate. In the early morning of September 27, 1935, he was the engineer operating a freight train which ran into the rear of another freight stalled on the Saugatuck...

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