BALTIMORE & O. R. CO. v. DARLING

No. 4133.

3 F.2d 987 (1925)

BALTIMORE & O. R. CO. v. DARLING.

Circuit Court of Appeals, Sixth Circuit.

February 4, 1925.


Attorney(s) appearing for the Case

J. P. Wood and W. T. Kinder, both of Cleveland, Ohio (Tolles, Hogsett, Ginn & Morley and J. W. Reavis, all of Cleveland, Ohio, on the brief), for plaintiff in error.

R. B. Newcomb, of Cleveland, Ohio (Newcomb & Nord, of Cleveland, Ohio, on the brief), for defendant in error.

Before DENISON, MACK, and DONAHUE, Circuit Judges.


MACK, Circuit Judge.

On the night and at the time that he was injured, plaintiff, one of defendant's yard brakemen, a man of 18 years' railroad experience, was engaged in riding an intrastate car over the hump or gravity track to classification track 14. His specific task was to control the car by means of a brake, so that when moving by gravity it might not collide with the other cars on the classification track to their and its possible damage.

Track 14...

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