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HALLSTEIN v. PENNSYLVANIA R. CO.

Nos. 5093, 5095.

30 F.2d 594 (1929)

HALLSTEIN v. PENNSYLVANIA R. CO.

Circuit Court of Appeals, Sixth Circuit.

February 8, 1929.

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.

Norman A. Emery, of Youngstown, Ohio (Harrington, DeFord, Huxley & Smith, of Youngstown, Ohio, on the brief), for defendant in error.

Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.

HICKENLOOPER, Circuit Judge.

The defendant railroad company was charged with the maintenance of a certain overhead highway bridge crossing its track in the city of Pittsburgh and known as the Herr's Island or Thirtieth Street bridge. The floor of this bridge had become in disrepair and was dangerous for public use, and plaintiff, as an employee of the defendant company, was engaged in loading plank into a railroad car to be hauled to the bridge for the repair of such...

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