Stewart v. Baltimore & OR Co.

AUGUSTUS N. HAND, Circuit Judge.

The plaintiff’s intestate was employed by the defendant, Baltimore and Ohio Railroad Company, as a hostler helper at East Salamanca, New York. On the evening of October 30, 1941, the decedent suffered a coronary thrombosis which as the plaintiff’s testimony indicates, had resulted from straining himself while attempting to throw a defective switch in the defendant’s railroad yard. He did not recover from the *528thrombosis and died on November 24, 1941. He had been in good health prior to October 30.

The decedent had been in the employment of the defendant for many…