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eBook details

• Title: Lowe v. Central R. Co.
• Author : United States Court of Appeals for the Third Circuit
• Release Date : January 29, 1940
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

John OKeefe was employed at Jersey City by the Central Railroad Company of New Jersey as a float watchman. On September 20, 1937 he reported for work at 3 oclock P.M. and was assigned to the Baltimore & Ohio car float No. 173, which was loaded and moored to pier 9 of the Erie Railroad in Jersey City. Whether he went to the float is unknown but at 7:25 oclock P.M. when the float was towed away he was not on or near it. Between 9 and 9:30 oclock P.M. he was in the Erie Railroad Company office, which is located 500 feet south of pier 9, and which float watchmen commonly use to receive and send telephone messages in connection with their work. Here he was sent on an errand by the Erie yardmaster on some matter unrelated to his own duties as float watchman for the Central Railroad. He returned to the Erie office and then left it at some time between 9:30 and 10 oclock P.M. At that hour he was seen by a watchman on pier 9, going towards the river end of the pier, where several floats were lashed together, side by side, extending out from the pier toward the center of the river. OKeefe had not been assigned to any of these floats. He told the watchman he was coming back soon. About 10:05 oclock P.M. the captain of a tug which was off pier 8, about 100 to 200 feet from pier 9, heard a feeble call for help. The searchlight of another tug played upon the water about the third or fourth float from the end of the pier and the captain then "saw a hand trying to grab onto something," but before assistance could be rendered the hand disappeared into the water. There were no Baltimore & Ohio or Central Railroad floats at or near this point. The body of OKeefe was recovered from the water near pier 5 in Hoboken on September 26, 1937. Death was due to drowning.

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