SMITH v. LEHIGH VALLEY R. CO.

No. 185, Docket 21243.

174 F.2d 592 (1949)

SMITH v. LEHIGH VALLEY R. CO.

United States Court of Appeals Second Circuit.

May 10, 1949.


Attorney(s) appearing for the Case

Desmond & Drury and Edward Desmond, all of Buffalo, N. Y., for plaintiff.

Kenefick, Cooke, Mitchell, Bass & Letchworth and Richard I. Fricke, all of Buffalo, N. Y. (William M. Fay, of Buffalo, N. Y., of counsel), for defendant.

Before AUGUSTUS N. HAND, CHASE and CLARK, Circuit Judges.


CHASE, Circuit Judge.

The appellant was employed by the appellee as a kitchen man at its work camp at Geneva, N. Y. This camp consisted of ten cars in line; some used for sleeping purposes, a bath car, two which had been used as diners, though one of these dining cars was simply standing unused when the appellant's alleged cause of action arose, and one kitchen car.

He sued the appellee under the provisions of the Federal Employers' Liability Act, 45 U.S.C...

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