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TOLEDO, ST. L. & WEST. R.R. CO. v. SLAVIN

No. 147.

236 U.S. 454 (1915)

TOLEDO, ST. LOUIS AND WESTERN RAILROAD COMPANY v. SLAVIN.

Supreme Court of United States.

Decided February 23, 1915.

Attorney(s) appearing for the Case

Mr. Clarence Brown and Mr. Charles A. Schmettau for plaintiff in error.

Mr. Walter G. Kirkbride and Mr. C.H. Masters for defendant in error.

MR. JUSTICE LAMAR delivered the opinion of the court.

In the Court of Common Pleas of Lucas County, Ohio, Otto Slavin brought suit against the Railroad Company for injuries received by him on the night of August 19, 1910, while he was at work on a train in the Company's yard at Toledo. His declaration alleged that in the performance of his duty, and in pursuance of a custom known to the Defendant, he was riding on the side of a gondola car with his foot in the "stirrup...

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