GILDNER v. BALTIMORE & O. R. CO.

No. 420.

90 F.2d 635 (1937)

GILDNER v. BALTIMORE & O. R. CO.

Circuit Court of Appeals, Second Circuit.

June 14, 1937.


Attorney(s) appearing for the Case

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

Anthony Sansone, of New York City, for appellee.

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


L. HAND, Circuit Judge.

This is an appeal by the defendant from a judgment entered upon the verdict of a jury in an action by a conductor in its employ, to recover for personal injuries suffered in a switching yard on the night of January 11, 1934. The yard was full of tracks, and the freight train of which the plaintiff was in charge, came in and stopped upon one, called the "passing siding track," just north of the main, or through, track. The plaintiff's first...

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