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MOSTYN v. DELAWARE, L. & W. R. CO.

No. 209, Docket 20512.

160 F.2d 15 (1947)

MOSTYN v. DELAWARE, L. & W. R. CO. et al.

Circuit Court of Appeals, Second Circuit.

May 9, 1947.

Attorney(s) appearing for the Case

Tracy H. Ferguson, Bond, Schoeneck & King, and William F. Fitzpatrick, all of Syracuse, N. Y., for S. H. Golden Co., Inc.

Gustav P. Blaustein and Mackenzie, Smith & Michell, all of Syracuse, N. Y., for D. L. & W. R. Co.

Oscar J. Brown, and Mandel Weisberg, both of Syracuse, N. Y., for appellee.

Before L. HAND, SWAN and CLARK, Circuit Judges.

L. HAND, Circuit Judge.

The defendants appeal from a judgment entered on a verdict for the plaintiff in an action brought under the Federal Employers' Liability Act,1 for personal injuries from being run over by a train of the railroad company. Mostyn sued the railroad, which impleaded the Golden Company under a contract of indemnity, alleging that that company was primarily liable. On this appeal the railroad argues that Mostyn was not...

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