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DIDINGER v. PENNSYLVANIA R. CO.

No. 5351.

39 F.2d 798 (1930)

DIDINGER v. PENNSYLVANIA R. CO.

Circuit Court of Appeals, Sixth Circuit.

April 7, 1930.

Attorney(s) appearing for the Case

J. E. Mathews, of Cleveland, Ohio (Bernsteen & Bernsteen and Paul R. Brown, all of Cleveland, Ohio, on the brief), for appellant.

T. M. Kirby, of Cleveland, Ohio (Squire, Sanders & Dempsey and G. H. P. Lacey, all of Cleveland, Ohio, on the brief), for appellee.

Before DENISON and HICKENLOOPER, Circuit Judges, and TUTTLE, District Judge.

HICKENLOOPER, Circuit Judge.

This is an action brought under section 2 of the Safety Appliance Act (45 U. S. C. § 11 [45 USCA § 11]), wherein plaintiff seeks to predicate liability upon the use of a freight car equipped with an inefficient hand brake. A verdict for the defendant was directed at the close of the opening statement by plaintiff's counsel to the jury.

This section imposes an absolute and unqualified duty upon interstate railroads to...

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