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UNADILLA RY. CO. v. CALDINE

No. 73.

278 U.S. 139 (1928)

49 S.Ct. 91

73 L.Ed. 224

UNADILLA VALLEY RAILWAY COMPANY v. CALDINE, ADMINISTRATOR.

Supreme Court of United States.

Decided December 10, 1928.

Attorney(s) appearing for the Case

Mr. H. Prescott Gatley, with whom Messrs. Benjamin S. Minor, Arthur P. Drury, and Wirt Howe were on the brief, for petitioner.

Mr. David F. Lee, with whom Mr. Thomas B. Kattell was on the brief, for respondent.

MR. JUSTICE HOLMES delivered the opinion of the Court.

Harold E. Caldine, an employee on the petitioner's railroad, was killed in a collision and his administrator brought this action. The case is within the Federal Employers' Liability Act and the only question before us is whether the death resulted in whole or in part from the negligence of any of the employees of the carrier, within the meaning of the Act. Act of April 22, 1908, c. 149, § 1; 35 Stat. 65....

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