PEARCE v. LEHIGH VALLEY R. CO.

No. 9135.

157 F.2d 252 (1946)

PEARCE v. LEHIGH VALLEY R. CO.

Circuit Court of Appeals, Third Circuit.

Decided August 19, 1946.


Attorney(s) appearing for the Case

Charles W. Broadhurst, of Jersey City, N. J. (Collins & Corbin and Edward A. Markley, all of Jersey City, N. J., on the brief), for appellant.

Harry Cohn, of Newark, N. J. (David Roskein, of Newark, N. J., and John A. Laird, of Hoboken, N. J., on the brief), for appellee.

Before BIGGS and O'CONNELL, Circuit Judges, and KALODNER, District Judge.


O'CONNELL, Circuit Judge.

Plaintiff, employed by defendant carrier as a machinist's helper at its roundhouse, was injured by a fall from the catwalk of an engine. He brought an action under the Federal Employers' Liability Act, § 1, 45 U.S.C.A. § 51, claiming damages for his injuries "resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence...

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