POFF v. PENNSYLVANIA R. R.

No. 351.

150 F.2d 902 (1945)

POFF v. PENNSYLVANIA R. R.

Circuit Court of Appeals, Second Circuit.

July 9, 1945.


Attorney(s) appearing for the Case

Ray Rood Allen and Burlingham, Veeder, Clark & Hupper, all of New York City (William S. Stuhr, Jr., of New York City, of counsel), for appellant.

Morris A. Wainger and William J. Carey, both of New York City, for appellee.

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


PER CURIAM.

The defendant appeals from a judgment in favor of the plaintiff in an action brought under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq. The plaintiff's testator, a railroad engineer, was killed while engaged in interstate commerce, and the defendant conceded upon the trial that the accident was due to negligence chargeable to it. The deceased left no widow, children, or parents surviving; his nearest surviving relatives were two...

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