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BOWSER v. BALTIMORE & O. R. CO.

No. 8711.

152 F.2d 436 (1945)

BOWSER v. BALTIMORE & O. R. CO.

Circuit Court of Appeals, Third Circuit.

Decided October 24, 1945.

As Amended December 7, 1945.

Attorney(s) appearing for the Case

Samuel W. Pringle, of Pittsburgh, Pa. (Jesse P. Long, of Punxsutawney, Pa., Dalzell, McFall, Pringle & Bredin, of Pittsburgh, Pa., on the brief), for appellant.

Vincent M. Casey, of Pittsburgh, Pa. (Margiotti, Pugliese & Casey, of Pittsburgh, Pa., on the brief), for appellee.

Before BIGGS, GOODRICH, and McALLISTER, Circuit Judges.

BIGGS, Circuit Judge.

Harry Bowser's widow and administratrix brought suit against the defendant under the Federal Employers' Liability Act, 45 U.S.C.A. §§ 51-60, alleging that her husband was killed, as is conceded, when two engines collided on one of the defendant's tracks in its yard at New Castle Junction, Pennsylvania. The complaint alleges, inter alia that the defendant's negligence lay in the failure of Bowser's fellow-servants to stop the train before...

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