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LOWERY v. HOCKING VALLEY RY. CO.

No. 5893.

60 F.2d 78 (1932)

LOWERY v. HOCKING VALLEY RY. CO.

Circuit Court of Appeals, Sixth Circuit.

June 27, 1932.

Attorney(s) appearing for the Case

J. E. Mathews, of Cleveland, Ohio (Bernsteen & Bernsteen and M. L. Bernsteen, all of Cleveland, Ohio, on the brief), for appellant.

James P. Wood, of Cleveland, Ohio (Wilson & Rector, of Columbus, Ohio, and Tolles, Hogsett & Ginn, of Cleveland, Ohio, on the brief), for appellee.

Before HICKS, HICKENLOOPER, and SIMONS, Circuit Judges.

HICKENLOOPER, Circuit Judge.

Plaintiff in the court below appeals from a judgment entered upon a verdict for defendant in an action under the Federal Employers' Liability Act (45 USCA §§ 51-59). The plaintiff was the conductor upon one of the defendant's freight trains, riding in the caboose, when there occurred a derailment of several cars some three car lengths back of the locomotive. With the derailment of these cars, the air brakes were set in emergency...

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