PENNSYLVANIA R. CO. v. BRUBAKER

No. 5114.

31 F.2d 939 (1929)

PENNSYLVANIA R. CO. v. BRUBAKER.

Circuit Court of Appeals, Sixth Circuit.

April 12, 1929.


Attorney(s) appearing for the Case

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

Lewis D. Houck, of Cleveland, Ohio (Payer, Minshall, Karch & Kerr, of Cleveland, Ohio, on the brief), for defendant in error.

Before HICKS, HICKENLOOPER, and KNAPPEN, Circuit Judges.


HICKS, Circuit Judge.

This is a suit for personal injuries, controlled by the Federal Employers' Liability Act. Act April 22, 1908, c. 149, § 1, 35 Stat. 65; title 45, c. 2, § 51, U. S. C. (45 USCA § 51). Plaintiff in error challenges the denial of its motion to direct a verdict. This is the only matter presented here.

Defendant in error, herein called plaintiff, was one of a crew of freight handlers, engaged in transferring a large and heavy...

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