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WEEKLY v. BALTIMORE & O. R. CO.

No. 4057.

4 F.2d 312 (1925)

WEEKLY v. BALTIMORE & O. R. CO.

Circuit Court of Appeals, Sixth Circuit.

March 4, 1925.

Attorney(s) appearing for the Case

E. C. Chapman, of Cleveland, Ohio, for plaintiff in error.

W. T. Kinder, of Cleveland, Ohio (Tolles, Hogsett, Ginn & Morley, of Cleveland, Ohio, on the brief), for defendant in error.

Before DENISON, MACK, and DONAHUE, Circuit Judges.

DENISON, Circuit Judge.

Domer, a brakeman upon the Baltimore & Ohio Railroad, was caught between freight cars being coupled and was killed. This action by his administrator, brought under the federal Employers' Liability Act (Comp. St. §§ 8657-8665), came to trial before a jury; and at its conclusion the court instructed a verdict for defendant. The only question presented to us is whether there was substantial evidence that the coupling device did not...

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