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LOWE v. CENTRAL R. CO. OF NEW JERSEY

No. 7306.

113 F.2d 413 (1940)

LOWE et al. v. CENTRAL R. CO. OF NEW JERSEY.

Circuit Court of Appeals, Third Circuit.

June 29, 1940.

Attorney(s) appearing for the Case

Francis M. Shea, Asst. Atty. Gen., Melvin H. Siegel, Sp. Asst. to Atty. Gen., Oscar H. Davis, Atty., Department of Justice, of Washington, D. C., and William F. Smith, Acting U. S. Atty., and Thorn Lord, Asst. U. S. Atty., both of Trenton, N. J., for appellant Lowe.

Thomas J. Armstrong, of Jersey City, N. J., for appellant O'Keefe.

Coult, Satz & Tomlinson, of Newark, N. J. (DeVoe Tomlinson, of Newark, N. J., of counsel), for appellee.

Before BIGGS, MARIS, and CLARK, Circuit Judges.

MARIS, Circuit Judge.

John O'Keefe was employed at Jersey City by the Central Railroad Company of New Jersey as a float watchman. On September 20, 1937 he reported for work at 3 o'clock P. M. and was assigned to the Baltimore & Ohio car float No. 173, which was loaded and moored to pier 9 of the Erie Railroad in Jersey City. Whether he went to the float is unknown but at 7:25 o'clock P. M. when the float was towed away he was not on or near it. Between 9 and 9...

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