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EMCH v. PENNSYLVANIA R. CO.

No. 5390.

37 F.2d 828 (1930)

EMCH v. PENNSYLVANIA R. CO.

Circuit Court of Appeals, Sixth Circuit.

February 5, 1930.

Attorney(s) appearing for the Case

David P. Bowden, of Cleveland, Ohio (Leroy C. Lancer, 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.

DENISON, Circuit Judge.

While Emch, a brakeman, was stooping over to throw a switch, he was hurt by a passing engine; and he then brought this action. Thinking that plaintiff had assumed the risk of what happened, the District Court, upon the statement of the case by plaintiff's counsel, directed a verdict for defendant.

The petition shows that action purports to be brought under the Federal Employers' Liability Act (45 USCA § 51-59), and hence, to make...

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