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NORFOLK & W. RY. CO. v. FRALEY

No. 6370.

69 F.2d 775 (1934)

NORFOLK & W. RY. CO. v. FRALEY.

Circuit Court of Appeals, Sixth Circuit.

March 6, 1934.

Attorney(s) appearing for the Case

H. T. Bannon, of Portsmouth, Ohio (Ralph E. Clark and Burton P. Hollister, both of Cincinnati, Ohio, on the brief), for appellant.

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

Before HICKS and SIMONS, Circuit Judges, and WEST, District Judge.

WEST, District Judge.

Action under Federal Employers' Liability Act (45 USCA §§ 51-59) for injuries sustained by appellee while setting brakes on a cut of cars in appellant's yard at Portsmouth, Ohio. A claim that the Federal Safety Appliance Act (45 USCA § 1 et seq.) was violated was withdrawn after the evidence was in.

The yard in question extends east and west, is operated by gravity, and equipped with mechanical retarders. In making up west...

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