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DERY v. WYER

No. 41, Docket 24735.

265 F.2d 804 (1959)

Elizabeth M. DERY, as Administratrix of the Goods, Chattels and Credits which were of Percy A. Dery, Deceased, Plaintiff, v. William WYER, as Trustee of The Long Island Railroad Company, Defendant and Third-Party Plaintiff-Appellant, McKeon Lumber Corporation, Third-Party Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided March 26, 1959.

Attorney(s) appearing for the Case

William F. McNulty, New York City (William J. O'Brien, New York City, on the brief), for defendant and third-party plaintiff-appellant.

Joseph Kane, New York City (Evans, Orr, Gourley & Pacelli, and Walter G. Evans, New York City, on the brief), for third-party defendant-appellee.

Before HINCKS, LUMBARD and MOORE, Circuit Judges.

HINCKS, Circuit Judge.

In November, 1953, plaintiff's intestate, a brakeman employed by the Long Island Railroad Company, was killed when he was knocked from the side of a moving freight car by a gate post located on the land of McKeon Lumber Company. Under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., the plaintiff-administratrix, a citizen of New York, brought an action against the defendant as trustee of the Railroad. The defendant filed...

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