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SWINSON v. CHICAGO, ST. P., M. & O. RY.

No. 383.

294 U.S. 529 (1935)

55 S.Ct. 517

79 L.Ed. 1041

SWINSON v. CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA RAILWAY CO.

Supreme Court of United States.

Decided March 11, 1935.

Attorney(s) appearing for the Case

Mr. Ernest A. Michel, with whom Mr. Tom Davis was on the brief, for petitioner.

Mr. Warren Newcome, with whom Messrs. Samuel H. Cady and William T. Faricy were on the brief, for respondent.

MR. JUSTICE BRANDEIS delivered the opinion of the Court.

Swinson, a freight brakeman in the employ of the Chicago, St. Paul, Minneapolis and Omaha Railway, brought this action under the Federal Employers' Liability Act, in the federal district court for Minnesota. The accident occurred while he was releasing a handbrake at the end of a tank car. The brake was tightly set. To release it required the application of considerable...

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