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NEW YORK, C. & ST. L. R. CO. v. McDOUGALL

No. 4628.

15 F.2d 283 (1926)

NEW YORK, C. & ST. L. R. CO. v. McDOUGALL.

Circuit Court of Appeals, Sixth Circuit.

November 6, 1926.

Attorney(s) appearing for the Case

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

Edward Davidson, of Cleveland, Ohio, for defendant in error.

Before DENISON, DONAHUE, and MOORMAN, Circuit Judges.

DENISON, Circuit Judge.

Action under Employers' Liability Act (Comp. St. §§ 8657-8665). In June, 1925, McDougall, who had been a railroad brakeman for 14 consecutive years, had been so employed by the defendant for 15 months. This service had been on and about its various tracks and yards in the city of Cleveland. On the afternoon of that day he was head brakeman on a train going out to a west side yard. Sitting on the rear end of a box car top, he was looking...

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