STORNELLI v. UNITED STATES GYPSUM CO.

No. 165.

134 F.2d 461 (1943)

STORNELLI v. UNITED STATES GYPSUM CO.

Circuit Court of Appeals, Second Circuit.

Writ of Certiorari Denied June 1, 1943.


Attorney(s) appearing for the Case

Casper V. Baltensperger and Goodwin, Nixon, Hargrave, Middleton & Devans, all of Rochester, N. Y., and Scott, MacLeish & Falk, of Chicago, Ill. (Wendell J. Brown, of Chicago, Ill., of counsel), for appellant.

William L. Clay, of Rochester, N. Y., for appellee.

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


Writ of Certiorari Denied June 1, 1943. See 63 S.Ct. 1317, 87 L.Ed. ___.

L. HAND, Circuit Judge.

The defendant appeals from a judgment in an action to recover for injuries suffered by the plaintiff while in its employ. Its liability, if any, must be confined to the violation of § 417 of the New York Labor Law because that was all that the judge left to the jury. The plaintiff had worked in the defendant's gypsum mine from some time in 1914 until April...

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