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PENNSYLVANIA R. CO. v. BERCKHEIMER

No. 4099.

3 F.2d 269 (1925)

PENNSYLVANIA R. CO. v. BERCKHEIMER.

Circuit Court of Appeals, Sixth Circuit.

January 5, 1925.

Attorney(s) appearing for the Case

Norman A. Emery, of Youngstown, Ohio (Harrington, De Ford, Huxley & Smith, of Youngstown, Ohio, on the brief), for plaintiff in error.

Luther Day, of Cleveland, Ohio (Day & Day and Robert H. Dawson, all of Cleveland, Ohio, on the brief), for defendant in error.

Before DENISON, MACK, and DONAHUE, Circuit Judges.

DONAHUE, Circuit Judge.

The defendant in error, C. A. Berckheimer, had been in the employ of the Pennsylvania Railroad Company as a brakeman, for about 13 years. Between 1 and 2 o'clock on the morning of August 20, 1922, Berckheimer, in the course of his employment was required to ride two box cars down the hump track in the railroad company's yards at Juniata, Pa. These cars had been cut loose from the train and were moving east, by their own momentum, down the incline...

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