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BRENNAN v. BALTIMORE & O. R. CO.

No. 52.

115 F.2d 555 (1940)

BRENNAN v. BALTIMORE & O. R. CO.

Circuit Court of Appeals, Second Circuit.

November 18, 1940.

Attorney(s) appearing for the Case

Stephen A. Machcinski, of New York City (William P. Allen and Eugene P. Fitzpatrick, both of New York City, of counsel), for plaintiff-appellee.

Harold R. Oakes, of New York City (Robert Schwebel, of New York City, on the brief; William C. Combs, of Rochester, N. Y., of counsel), for defendant-appellant.

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

CHASE, Circuit Judge.

This appeal is from a judgment by the District Court for the Eastern District of New York which was entered on the verdict of a jury awarding damages to the plaintiff for personal injuries received while in the performance of his duties as a brakeman in the employ of the defendant railroad. The suit was brought under the provisions of the Federal Employers' Liability Act, 45 U.S.C.A. §§ 51-59.

The plaintiff, who had for many...

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