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DUNDOM v. NEW YORK CENT. R. CO.

No. 120.

145 F.2d 711 (1944)

DUNDOM v. NEW YORK CENT. R. CO.

Circuit Court of Appeals, Second Circuit.

December 7, 1944.

Attorney(s) appearing for the Case

Anthony Sansone, of Mamaroneck, N. Y. (Alfred T. Rowe, of New York City, on the brief), for plaintiff-appellant.

C. Austin White, of New York City (Frank J. Mahony, of Peekskill, N. Y., on the brief), for defendant-appellee.

Before SWAN, CLARK, and FRANK, Circuit Judges.

CLARK, Circuit Judge.

The accident causing the personal injuries for which plaintiff brought suit below under the Federal Employers' Liability Act, 45 U.S.C.A. §§ 51-60, occurred while he was working at night as a brakeman on yard switching operations for defendant at Weehawken, New Jersey. The engine was switching three baggage cars, and plaintiff was on the rear car. When the engine was stopped by a block signal he got down from the stirrup on the car...

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