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JESIONOWSKI v. BOSTON & MAINE R. CO.

No. 88.

329 U.S. 452 (1947)

JESIONOWSKI, ADMINISTRATRIX, v. BOSTON & MAINE RAILROAD.

Supreme Court of United States.

Decided January 13, 1947.

Attorney(s) appearing for the Case

Thomas C. O'Brien argued the cause for petitioner. With him on the brief were J. Edward Keefe, Jr. and John S. Stone.

Francis P. Garland argued the cause and filed a brief for respondent.

MR. JUSTICE BLACK delivered the opinion of the Court.

Petitioner brought this action for damages in the Federal District Court under the Federal Employers' Liability Act, 35 Stat. 65, 53 Stat. 1404, 45 U.S.C. § 51 et seq., for causing the death of her intestate. Count I alleged that "By reason of a defect or insufficiency, due to the negligence of the defendant, in its car, track, or roadbed, the car upon which the plaintiff's decedent was riding was derailed...

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