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WELSH v. ERIE R. CO.

Nos. 5465, 5466.

39 F.2d 869 (1930)

WELSH v. ERIE R. CO.

Circuit Court of Appeals, Sixth Circuit.

April 11, 1930.

Attorney(s) appearing for the Case

C. J. Wall, of Youngstown, Ohio (John Ruffalo, of Youngstown, Ohio, on the brief), for appellant.

B. D. Holt, of Cleveland, Ohio (Cook, McGowan, Foote, Bushnell & Burgess, of Cleveland, Ohio, on the brief), for appellee.

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

HICKS, Circuit Judge.

On January 7, 1927, Welsh, deceased, was working as a helper to one Lyter, a blacksmith in the shops of appellee. These men had taken a steel bar 87¼ inches long, 6 inches wide, 1 inch thick, and weighing about 130 pounds, and, after heating one end thereof in a furnace, had placed it flat upon a bumping block, and had shoved it through the jaws or dies of an upsetting machine and about an inch and a quarter beyond, leaving about 4 feet...

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