SHERRY v. BALTIMORE & O. R. CO.

No. 5088.

30 F.2d 487 (1929)

SHERRY v. BALTIMORE & O. R. CO.

Circuit Court of Appeals, Sixth Circuit.

February 7, 1929.


Attorney(s) appearing for the Case

John Ruffalo, of Youngstown, Ohio (Ruffalo & Wall, of Youngstown, Ohio, on the brief), for plaintiff in error.

Union C. De Ford, of Youngstown, Ohio (Harrington, De Ford, Huxley & Smith, of Youngstown, Ohio, on the brief), for defendant in error.

Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.


HICKENLOOPER, Circuit Judge.

Action under the Federal Safety Appliance Act (45 USCA §§ 1-46). Plaintiff was a car inspector employed by defendant in and about the railway yard of defendant in the city of Youngstown. It was his duty to inspect "bad order" cars, to make such repairs as could be made on the ground, or to order a car to the repair shops for that purpose.

The car in question had been placed upon one of the ladder tracks in the general...

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