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JENKINS v. KURN

No. 732.

313 U.S. 256 (1941)

61 S.Ct. 934

85 L.Ed. 1316

JENKINS v. KURN ET AL., TRUSTEES.

Supreme Court of United States.

Decided May 5, 1941.

Attorney(s) appearing for the Case

Mr. Harry G. Waltner, Jr. for petitioner.

Mr. Frank C. Mann, with whom Mr. Alexander P. Stewart was on the brief, for respondents.

MR. JUSTICE MURPHY delivered the opinion of the Court.

When the interstate train on which he was fireman emerged from a curve on the outskirts of Winfield, Kansas, petitioner sighted a train standing not more than six hundred feet ahead on the same track. He shouted to the engineer to push the brake valve over in emergency. The engineer turned and looked at him but did nothing to arrest the movement of the train. Petitioner...

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