ANDERSON v. BALTIMORE & O. R. CO.

No. 328.

89 F.2d 629 (1937)

ANDERSON v. BALTIMORE & O. R. CO.

Circuit Court of Appeals, Second Circuit.

April 12, 1937.


Attorney(s) appearing for the Case

Fearey, Allen, Coleman & Johnston, of New York City (Morton L. Fearey and Wm. Paul Allen, both of New York City, of counsel), for appellant.

Harold R. Oakes, of New York City (Robert Schwebel, of New York City, on the brief), for appellee.

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


SWAN, Circuit Judge.

The plaintiff's decedent met his death while employed by the defendant as a fireman on a pusher engine coupled to the rear of an interstate freight train. He was survived by his widow and four children. This action was brought under the Federal Employers' Liability Act (45 U.S.C.A. § 51 et seq.), the wrongful act relied upon being an alleged violation of the Boiler Inspection Act 1924, § 2 (45 U.S.C.A. § 23) and rule 120 of the...

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