MURPHY, District Judge.
Defendant's motion for judgment n. o. v. raises a perplexing question of first impression under the Federal Employers' Liability Act, 45 U.S.C.A. § 51.
James Powers was a crane operator employed by defendant in its West 60th Street freight yard abutting the Hudson River. Some time in the early evening of March 10, 1949, his motionless body was discovered in the river. He was rescued by fellow employees, resuscitated, removed to...
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