WABASH RY. CO. v. BEEZ

No. 5229.

36 F.2d 480 (1929)

WABASH RY. CO. v. BEEZ.

Circuit Court of Appeals, Sixth Circuit.

December 12, 1929.


Attorney(s) appearing for the Case

Gustavus Ohlinger, of Toledo, Ohio (Smith, Beckwith, Ohlinger & Froehlich, of Toledo, Ohio, on the brief), for appellant.

William F. Marsteller and Homer H. Marshmam, both of Cleveland, Ohio (Anderson & Lamb and D. F. Anderson, all of Youngstown, Ohio, on the brief), for appellee.

Before DENISON, HICKS, and HICKENLOOPER, Circuit Judges.


PER CURIAM.

The plaintiff below, here appellee, was inspecting freight in a loaded box car when another car was shunted upon the track for a distance of more than 300 feet, without any one riding upon it for purposes of control, and, while moving at an estimated speed of 15 miles per hour, struck the standing car, knocking it approximately 75 feet along the track and severely injuring the plaintiff by throwing him violently against the load. The principal defense...

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