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

No. 5021.

28 F.2d 868 (1928)

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

Circuit Court of Appeals, Sixth Circuit.

November 7, 1928.

Attorney(s) appearing for the Case

Lewis D. Houck, of Cleveland, Ohio (Payer, Minshall, Karch & Kerr, of Cleveland, Ohio, on the brief), for plaintiff in error.

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

Before DENISON, MOORMAN, and KNAPPEN, Circuit Judges.

MOORMAN, Circuit Judge.

The New York, Chicago & St. Louis Railroad Company maintained a large ash pit in its yards at Conneaut, Ohio. It also kept water in the pit, into which ashes and cinders from engines were dumped. On the morning of July 26, 1926, Joseph Kirzman's body was found in the pit by the man whose duty it was to take out the ashes and cinders. The administrator of Kirzman brought this suit to recover damages from the railroad company, and, at the...

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