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AERKFETZ v. HUMPHREYS

No. 355.

145 U.S. 418 (1892)

AERKFETZ v. HUMPHREYS.

Supreme Court of United States.

Decided May 16, 1892.

Attorney(s) appearing for the Case

Mr. C.E. Warner and Mr. L.T. Griffin, for plaintiff in error, submitted on their brief.

Mr. W.H. Blodgett, for defendants in error, submitted on the printed record.

MR. JUSTICE BREWER delivered the opinion of the court.

Plaintiff was in the employ of the defendants in the yard of the railroad company at Delray, working on one of the tracks therein, and, while so engaged, was run over and injured by a freight car, moved by a switch engine.

The defences presented were three: First, the receivers were guilty of no negligence; second, even if they were, plaintiff was guilty of contributory...

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