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ANDERSON v. BALTIMORE & O. R. CO.

No. 301.

96 F.2d 796 (1938)

ANDERSON v. BALTIMORE & O. R. CO.

Circuit Court of Appeals, Second Circuit.

May 9, 1938.

Attorney(s) appearing for the Case

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

Fearey, Allen, Coleman & Johnston, of New York City (Morton L. Fearey, William Paul Allen, and Paul R. Brown, all of New York City, of counsel), for appellee.

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

SWAN, Circuit Judge.

David Anderson, a fireman employed on an engine of the defendant railroad, met his death on July 25, 1935, while engaged in interstate commerce. This action was brought by his executrix on the theory that his death resulted from a violation of the Boiler Inspection Act, § 2, 45 U.S.C. A. § 23, and rule 120 of the Interstate Commerce Commission promulgated thereunder requiring locomotives to be equipped with proper sanding apparatus,...

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