CHRISTIAN v. BOSTON & M. R. R.

No. 152.

109 F.2d 103 (1940)

CHRISTIAN v. BOSTON & M. R. R.

Circuit Court of Appeals, Second Circuit.

January 23, 1940.


Attorney(s) appearing for the Case

Whalen, McNamee, Creble & Nichols (by Charles E. Nichols) of Albany, N. Y., for appellant.

Arthur B. Lanphier, of Albany, N. Y., for appellee.

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


PATTERSON, Circuit Judge.

The plaintiff brought action under the Employers' Liability Act, 45 U.S.C.A. § 51 et seq., for the death of her husband, a locomotive engineer in the defendant's employ. The case went to a jury, and there was a verdict for the plaintiff. On appeal the defendant argues that the proof of negligence was not sufficient to warrant submission of the case to the jury.

Christian's death occurred as a result of the derailing of his locomotive...

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