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BURNETT v. PENNSYLVANIA R. CO.

No. 5226.

33 F.2d 579 (1929)

BURNETT v. PENNSYLVANIA R. CO.

Circuit Court of Appeals, Sixth Circuit.

July 9, 1929.

Attorney(s) appearing for the Case

Edwin Drake, of Cleveland, Ohio (John Ruffalo, of Youngstown, Ohio, on the brief), for appellant.

A. E. Powell, of Cleveland, Ohio (Squire, Sanders & Dempsey, of Cleveland, Ohio, on the brief), for appellee.

Before DENISON, MACK, and MOORMAN, Circuit Judges.

PER CURIAM.

This action is based upon the claim that a defective hand brake caused injury to Burnett and created liability under the Safety Appliance Act, U. S. C., Title 45, Sec. 11 (45 USCA § 11). The court directed a verdict for defendant.

It became Burnett's duty as a brakeman to release a hand brake upon the top of a box car. He came to it, put his club into engagement with the spokes of the hand wheel, pushed on the club with his left hand, thereby...

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