CHAMBERLAIN v. PENNSYLVANIA R. CO.

No. 397.

59 F.2d 986 (1932)

CHAMBERLAIN v. PENNSYLVANIA R. CO.

Circuit Court of Appeals, Second Circuit.

June 13, 1932.


Attorney(s) appearing for the Case

Sol Gelb, of New York City, for appellant.

Burlingham Veeder, Fearey, Clark & Hupper, of New York City (Morton L. Fearey, and C. B. M. O'Kelley, both of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


L. HAND, Circuit Judge.

The deceased was a brakeman employed in interstate commerce, at the time of his death engaged in piloting two gondola cars in the defendant's yard at Morrisville, Pennsylvania, on a misty afternoon, at five o'clock on November third. The operation was of the familiar kind; cars were being assorted by gravity upon tracks in the yard, of which there were a great many. A locomotive pushed a train up an incline, detached the desired number in a...

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