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ERIE R. CO. v. RANDALL

No. 6249.

65 F.2d 128 (1933)

ERIE R. CO. v. RANDALL.

Circuit Court of Appeals, Sixth Circuit.

May 15, 1933.

Attorney(s) appearing for the Case

C. O. Chandler, of Cleveland, Ohio (McGowan, Foote, Bushnell & Burgess, of Cleveland, Ohio, on the brief), for appellant.

H. H. Marshman, of Cleveland, Ohio (Anderson & Lamb and D. F. Anderson, all of Cleveland, Ohio, on the brief), for appellee.

Before MOORMAN, HICKS, and SIMONS, Circuit Judges.

PER CURIAM.

The appellee was employed by appellant as a switchman in its yards at Marion, Ohio. On the night of July 27, 1931, while engaged with his crew in moving a cut of cars over an interchange track between the appellant's yards and the yards of the Pennsylvania Railroad Company, the engine of his train ran into the rear end of a train operated by the Big Four Railroad, with the result that he was thrown from the top of a car and injured, for which he sued and...

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