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STEWART v. BALTIMORE & O. R. CO.

No. 291.

137 F.2d 527 (1943)

STEWART v. BALTIMORE & O. R. CO.

Circuit Court of Appeals, Second Circuit.

July 19, 1943.

Attorney(s) appearing for the Case

John C. Robinson, of New York City (Morris A. Wainger and William Paul Allen, both of New York City, of counsel), for plaintiff-appellant.

Robert Schwebel, of New York City (William C. Combs, of Rochester, N. Y., of counsel), for defendant-appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

The plaintiff's intestate was employed by the defendant, Baltimore and Ohio Railroad Company, as a hostler helper at East Salamanca, New York. On the evening of October 30, 1941, the decedent suffered a coronary thrombosis which as the plaintiff's testimony indicates, had resulted from straining himself while attempting to throw a defective switch in the defendant's railroad yard. He did not recover from the

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