KEYS v. PENNSYLVANIA R. CO.

No. 371.

104 F.2d 663 (1939)

KEYS v. PENNSYLVANIA R. CO.

Circuit Court of Appeals, Second Circuit.

June 12, 1939.


Attorney(s) appearing for the Case

Burlingham, Veeder, Clark & Hupper, of New York City, (Ray Rood Allen and C. B. M. O'Kelley, both of New York City, of counsel), for appellant.

Gazan & Caldwell, of New York City, for appellee.

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


CHASE, Circuit Judge.

This action was brought to recover, under the provisions of the Federal Employer's Liability Act, 45 U.S.C.A. § 51, et seq., the damages for the benefit of his widow which were sustained when Harry A. Keys, a section foreman in the employ of the defendant, died while trying to put out a brush fire near a shelter station called Bluemont, Md., on the main line of the defendant's railroad from York, Pa., to Baltimore, Md. Trial was by jury...

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