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CHESAPEAKE & OHIO RY. CO. v. WELLS

No. 5648.

49 F.2d 251 (1931)

CHESAPEAKE & OHIO RY. CO. v. WELLS.

Circuit Court of Appeals, Sixth Circuit.

April 15, 1931.

Attorney(s) appearing for the Case

Fred C. Rector, of Columbus, Ohio (Wilson & Rector, of Columbus, Ohio, on the brief), for appellant.

R. B. Newcomb, of Cleveland, Ohio (Skiles & Skiles, of Shelby, Ohio, Newcomb, Newcomb & Nord, of Cleveland, Ohio, and Pugh & Pugh, of Columbus, Ohio, on the brief), for appellee.

Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.

HICKS, Circuit Judge.

Action by appellee, Wells, to recover damages of appellant, the Chesapeake & Ohio Railway Company, for personal injuries. The suit was brought under the federal Boiler Inspection Act § 2, as amended by Act June 7, 1924, § 2, 43 Stat. 659, U. S. Code, tit. 45, § 23 (45 USCA § 23).

The questions are, whether the court erred in (1) denying appellant's motion for a directed verdict; and in (2) instructing the jury...

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