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MONTGOMERY v. BALTIMORE & O. R. CO.

No. 4825.

22 F.2d 359 (1927)

MONTGOMERY v. BALTIMORE & O. R. CO.

Circuit Court of Appeals, Sixth Circuit.

November 15, 1927.

Attorney(s) appearing for the Case

Benjamin F. Levin, of Cleveland, Ohio, and D. F. Anderson, of Youngstown, Ohio (Louis H. Winch, of Cleveland, Ohio, on the brief), for plaintiff in error.

W. T. Kinder, of Cleveland, Ohio (Tolles, Hogsett & Ginn and Thos. O. Nevison, all of Cleveland, Ohio, on the brief), for defendant in error.

Before DENISON and MOORMAN, Circuit Judges, and RAYMOND, District Judge.

DENISON, Circuit Judge.

The plaintiff was a locomotive fireman, who was hurt in the course of his employment, and brought this suit. Jurisdiction is claimed under the Employers' Liability Act, 45 USCA §§ 51-59 [Comp. St. §§ 8657-8665]), and is not disputed. When the tender was to be filled with coal, its front towards the engine was closed by two doors, which, when open, swung inwardly against the sides of the tender and were there fastened. After...

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