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LOUISVILLE & N. R. CO. v. MOUNT

No. 5394.

35 F.2d 634 (1929)

LOUISVILLE & N. R. CO. v. MOUNT.

Circuit Court of Appeals, Sixth Circuit.

November 8, 1929.

Attorney(s) appearing for the Case

A. J. Freiberg, of Cincinnati, Ohio (Freiberg, Simmonds & Forchheimer, of Cincinnati, Ohio, on the brief), for appellant.

H. M. Roberts, of Cleveland, Ohio (Howell, Roberts & Duncan, of Cleveland, Ohio, on the brief), for appellee.

Before DENISON and HICKS, Circuit Judges, and NEVIN, District Judge.

HICKS, Circuit Judge.

Appellee, herein called plaintiff, was injured while in the service of appellant and brought this action. The case is within the Federal Employers' Liability Act (45 USCA §§ 51-59). Plaintiff's petition alleged that he was a freight trucker; that his duty required him to push a truck loaded with iron from defendant's freight depot out on to a platform and then into an adjacent freight car; that there was a space between the platform...

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