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MITCHELL v. PITTSBURGH, C., C. & ST. L. R. CO.

No. 4533.

13 F.2d 704 (1926)

MITCHELL v. PITTSBURGH, C., C. & St. L. R. CO.

Circuit Court of Appeals, Sixth Circuit.

July 10, 1926.

Attorney(s) appearing for the Case

Edward Colston and Benton S. Oppenheimer, both of Cincinnati, Ohio (Harmon, Colston, Goldsmith & Hoadly, of Cincinnati, Ohio, on the brief), for plaintiff in error.

Gregor B. Moormann, of Cincinnati, Ohio (Maxwell & Ramsey, of Cincinnati, Ohio, on the brief), for defendant in error.

Before DENISON, DONAHUE, and MOORMAN, Circuit Judges.

DENISON, Circuit Judge.

Mrs. Mitchell brought suit in the court below to recover for personal injuries suffered in a derailment accident. There was a verdict for defendant. The assignments of error relied upon and needing examination are two. Each rests on the exclusion of evidence offered for the plaintiff.

The main defense on the merits was that a rail broke because of a concealed defect, not discoverable by diligent inspection. A piece of rail, said to...

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