v0831-367

J

No. 2300

IN THE

United States Circuit Court of Appeals

For the Ninth Circuit

COPPER RIVER & NORTHWESTERN

RAILWAY COMPANY (a corporation),

and KATALLA COMPANY (a corpora-

tion),

Plaintiffs in Error,

vs.

JAMES HENEY,

Defendant in Error.

BRIEF FOR DEFENDANT IN ERROR.

Statement of the Case.

• In this brief tlie parties will be designated as in

the Court below.

The plaintiff, James Heney, sued to recover dam-

ages for personal injuries suffered by a fall through

an open hatchway in a platform to the ground

twenty-one feet below, in a tunnel on the line of

the Copper River & Northwestern Railway Com-

pany near Chitina, Alaska. He alleged that he

was working in the nominal employ of the KataUa

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