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SCHILLING v. DELAWARE & H. R. CORPORATION

No. 377.

114 F.2d 69 (1940)

SCHILLING v. DELAWARE & H. R. CORPORATION.

Circuit Court of Appeals, Second Circuit.

August 1, 1940.

Attorney(s) appearing for the Case

Louis N. Jaffe, of Brooklyn, N. Y., for plaintiff-appellee.

Thomas L. Ennis, of New York City, (Joseph Rosch, Kenneth E. Walser, and James H. Halpin, all of New York City, of counsel), for defendant-appellant.

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

CHASE, Circuit Judge.

The plaintiff recovered a judgment in the District Court for the Southern District of New York for the damages, assessed by a jury, which he sustained when his left leg was cut off between the ankle and the knee in the defendant's freight yard at Binghamton, N. Y., on March 29, 1938, and the defendant appealed.

The evidence was sufficient to enable the jury to find that when the accident happened the plaintiff was in the employ of the...

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