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NORFOLK & W. RY. CO. v. SKEENS

No. 5151.

33 F.2d 508 (1929)

NORFOLK & W. RY. CO. v. SKEENS.

Circuit Court of Appeals, Sixth Circuit.

June 29, 1929.

Attorney(s) appearing for the Case

Henry Bannon, of Portsmouth, Ohio, and James I. Boulger and Booth, Keating, Pomerene & Boulger, all of Columbus, Ohio, for appellant.

R. B. Newcomb, of Cleveland, Ohio (Newcomb, Newcomb & Nord, of Cleveland, Ohio, and Pugh & Pugh, of Columbus, Ohio, on the brief), for appellee.

Before MOORMAN, MACK, and HICKS, Circuit Judges.

MACK, Circuit Judge.

Judgment under Federal Employers' Liability Act (45 USCA §§ 51-59), on a general verdict of $25,000, for severe personal injuries to a brakeman as a result of a collision. Details are unnecessary. It suffices to state that the complaint alleges three distinct grounds of negligence; the defense not only denies each of them, but also sets up contributory negligence and assumption of risk. The trial court clearly charged upon the issues...

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