Court of Appeals for the Second Circuit July 26, 1932, 324 (Skolar v. Lehigh Valley R. Co.)

SWAN, Circuit Judge.

The plaintiff was a fireman employed by the defendant on its tug Auburn at the time he sustained injury. His complaint alleges that on November 6,1928, while he was standing upon the starboard firing platform in the lireroom, engaged in the performance of his duties, the tugboat lurched, throwing him to the floor and causing him to sustain a broken leg.