JERSEY CITY STOCKYARDS CO. v. GROBNER

No. 3330.

5 F.2d 963 (1925)

JERSEY CITY STOCKYARDS CO. v. GROBNER.

Circuit Court of Appeals, Third Circuit.

May 26, 1925.


Attorney(s) appearing for the Case

John Milton, of Jersey City, N. J. (John L. Ridley, of Jersey City, N. J., of counsel), for plaintiff in error.

Gross & Gross, of Jersey City, N. J. (Benjamin Gross, of Jersey City, N. J., of counsel), for defendant in error.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


BUFFINGTON, Circuit Judge.

This writ of error raises a single question — whether the court erred in refusing to give binding instructions for the defendant on the ground of assumption of risk.

We are of opinion the facts were such as to compel the court to submit that question to the jury. The plaintiff was a fireman on defendant's steamboat. In the performance of his duty, and while going below from deck at the direction of the engineer, he slipped...

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