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VOELKER v. DELAWARE, L. & W. R. CO.

No. 85.

31 F.Supp. 387 (1940)

VOELKER v. DELAWARE, L. & W. R. CO.

District Court, W. D. New York.

February 8, 1940.

Attorney(s) appearing for the Case

William J. Brock, of Buffalo, N. Y. (Edward B. Horning, of Buffalo, N. Y., of counsel), for plaintiff.

Babcock, Hollister, Newbury & Russ, of Buffalo, N. Y. (Evan Hollister, of Buffalo, N. Y., of counsel), for defendant.

KNIGHT, District Judge.

This suit in negligence was tried by the court with a jury. At the close of the plaintiff's case, defendant moved for dismissal of the complaint on the ground that plaintiff had failed as a matter of law to establish facts sufficient to bring the case under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq. That motion was denied. It was renewed at the close of the submission of the evidence. The court then reserved its decision...

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