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RASHAW v. CENTRAL VERMONT RY., INC.

No. 56.

133 F.2d 253 (1943)

RASHAW v. CENTRAL VERMONT RY., Inc., et al.

Circuit Court of Appeals, Second Circuit.

February 3, 1943.

Attorney(s) appearing for the Case

McFeeters & Kissane, of St Albans, Vt., and M. G. Leary, and M. G. Leary, Jr., both of Burlington, Vt., for plaintiff.

Horace H. Powers, of St. Albans, Vt., for defendant Central Vermont Ry., Inc.

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

CHASE, Circuit Judge.

The plaintiff's intestate fell while attempting to walk across a railway bridge in the railway yard of the defendant at Bethel, Vt., in the performance of his duty as a brakeman in the employ of the defendant. He eventually died from the injuries then received and this suit was brought under the provisions of the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., to recover in behalf of his widow and two minor children.

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