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BRIGGS v. DETROIT, TOLEDO & IRONTON RAILROAD CO.

No. 4725.

18 F.2d 1015 (1927)

BRIGGS v. DETROIT, TOLEDO & IRONTON RAILROAD CO.

Circuit Court of Appeals, Sixth Circuit.

April 5, 1927.

Attorney(s) appearing for the Case

R. B. Newcomb, of Cleveland, Ohio (Sawyer & Pichel, of Cincinnati, Ohio, and Newcomb, Newcomb & Nord, of Cleveland, Ohio, on the brief), for plaintiff in error.

Edward E. Corn, of Ironton, Ohio (Clifford B. Longley and O. Z. Ide, both of Detroit, Mich., and Corn & Jenkins, of Ironton, Ohio, on the brief), for defendant in error.

Before DONAHUE and MOORMAN, Circuit Judges, and WESTENHAVER, District Judge.

PER CURIAM.

The plaintiff in error brought an action in the District Court to recover damages for injuries sustained by him while in the employ of the Norfolk & Western Railway Company, alleging that such injuries were caused by defendant's negligence. To the petition of plaintiff the defendant filed an answer, denying negligence on its part, and pleading contributory negligence and assumption of risk. At the close of the plaintiff's evidence the trial court,...

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