STRAWSER v. NORFOLK & W. RY. CO.

No. 4752.

24 F.2d 411 (1928)

STRAWSER v. NORFOLK & W. RY. CO.

Circuit Court of Appeals, Sixth Circuit.

February 17, 1928.


Attorney(s) appearing for the Case

Ellis R. Diehm, of Cleveland, Ohio (Bernsteen & Bernsteen, Klein, Harris & Diehm, and M. L. Bernsteen, all of Cleveland, Ohio, on the brief), for plaintiff in error.

James I. Boulger, of Columbus, Ohio (Henry Bannon, of Portsmouth, Ohio, on the brief), for defendant in error.

Before DENISON, MOORMAN, and KNAPPEN, Circuit Judges.


DENISON, Circuit Judge.

The court below directed a verdict against Strawser in his action against the railway to recover for injuries received by him. The jurisdiction rested on diverse citizenship. A highway bridge was being rebuilt, and the work, according to plans and specifications, had been let out by the railroad to a contractor. Strawser was an employee of this contractor. It was necessary to take down the stone abutments of the old bridge, and in this work...

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