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McDONALD v. JARKA CORPORATION

No. 408.

144 F.2d 53 (1944)

McDONALD v. JARKA CORPORATION.

Circuit Court of Appeals, Second Circuit.

July 11, 1944.

Attorney(s) appearing for the Case

Thomas A. McDonald, of New York City (Simone N. Gazan, of New York City, on the brief), for appellant.

George A. Garvey, of New York City, for appellee.

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

CLARK, Circuit Judge.

This is an appeal by Rose McDonald, widow and administratrix of the estate of Frank McDonald, from a verdict and judgment for defendant in her action to recover damages for her husband's death. Frank McDonald was employed as a fire watcher by the West Side Iron Works, a company which on January 19, 1943, was engaged in making repairs to the steel deck of the steamship "Fisher Ames." On the morning of that day he was working on the 'tween deck...

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