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YOUNGSTOWN & O. R. R. CO. v. HALVERSTODT

No. 4532.

12 F.2d 995 (1926)

YOUNGSTOWN & O. R. R. CO. v. HALVERSTODT.

Circuit Court of Appeals, Sixth Circuit.

May 7, 1926.

Attorney(s) appearing for the Case

Ben H. Davis, of Cleveland, Ohio, and L. P. Metzger, of Salem, Ohio (Metzger & McCarthy, of Salem, Ohio, and Treadway & Marlatt, of Cleveland, Ohio, on the brief), for plaintiff in error.

Wm. F. Marsteller, of Cleveland, Ohio (Anderson, Lamb & Marsteller and D. F. Anderson, all of Youngstown, Ohio, on the brief), for defendant in error.

Before DENISON, DONAHUE, and MOORMAN, Circuit Judges.

MOORMAN, Circuit Judge.

The Youngstown & Ohio River Railroad Company owns a line of railroad 37 miles in length wholly within the state of Ohio. Trains are electrically operated on the road. On January 24, 1924, Halverstodt, plaintiff below, was a brakeman on a freight train of the company. The termini of his run were East Liverpool and Leetonia. West Point was an intermediate station. A switch led from the main line at that point to a tipple at the mine of the...

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