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HILL v. NEW YORK CENT. R. CO.

No. 5227.

35 F.2d 30 (1929)

HILL v. NEW YORK CENT. R. CO.

Circuit Court of Appeals, Sixth Circuit.

October 12, 1929.

Attorney(s) appearing for the Case

David P. Bowden, of Cleveland, Ohio, for appellant.

Paul Lamb, of Cleveland, Ohio, for appellee.

Before DENISON, MOORMAN, and HICKENLOOPER, Circuit Judges.

DENISON, Circuit Judge.

While employed as one of a section gang upon the railroad, Hill was hit by a train and injured. His action therefor in the court below was submitted to the jury, whose verdict was for defendant. Unless upon one theory, the case was plainly one of assumed risk and correlative lack of negligence. Aerkfetz v. Humphreys, 145 U.S. 418, 12 S.Ct. 835, 36 L. Ed. 758. That theory is that it was the usage and custom adopted...

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