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WOCK v. WHEELING & L. E. RY. CO.

No. 5990.

61 F.2d 674 (1932)

WOCK v. WHEELING & L. E. RY. CO.

Circuit Court of Appeals, Sixth Circuit.

November 11, 1932.

Attorney(s) appearing for the Case

J. J. Tetlow, of Youngstown, Ohio, and Rufus Day, of Cleveland, Ohio (Day & Tetlow, of Cleveland, Ohio, and Myron T. Brenneman, of Orrville, Ohio, on the brief), for appellant.

A. E. Powell, of Cleveland, Ohio (Squire, Sanders & Dempsey, of Cleveland, Ohio, on the brief), for appellee.

Before HICKS, HICKENLOOPER, and SIMONS, Circuit Judges.

PER CURIAM.

Appeal from a judgment entered upon a verdict for appellee in an action under section 2 of the Federal Safety Appliance Act (U. S. C., title 45, § 2 [45 USCA § 2]). Appellant was a brakeman, and both he and appellee were engaged in interstate commerce at the time of his injury. The petition averred, and appellant testified, that a train, consisting of the engine, a box car, and a caboose, was moving westwardly upon the main track; that he was...

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