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DETROIT, T. & I. R. CO. v. HAHN

No. 5643.

47 F.2d 59 (1931)

DETROIT, T. & I. R. CO. v. HAHN.

Circuit Court of Appeals, Sixth Circuit.

February 13, 1931.

Attorney(s) appearing for the Case

Wallace R. Middleton, of Detroit, Mich. (Longley & Middleton and Wallace Visscher, all of Detroit, Mich., Schaefer & Lawrence, of Cleveland, Ohio, and George S. May, of Napoleon, Ohio, on the brief), for appellant.

R. B. Newcomb, of Cleveland, Ohio (Newcomb, Newcomb & Nord, of Cleveland, Ohio, on the brief), for appellee.

Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.

MOORMAN, Circuit Judge.

Appellee was employed as a brakeman on a freight train of appellant. On August 15, 1927, he was a member of a crew engaged in running a train from Detroit, Mich., to Napoleon, Ohio. In the course of the trip, at Wauseon, Ohio, it became the duty of the crew to move two cars from a side track to the main track. It was found convenient to effect this movement by making a drop switch, and appellee was placed on the cars to stop them by the use...

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