BALTIMORE & O. R. CO. v. BRANDENBERGER

No. 6561.

74 F.2d 593 (1935)

BALTIMORE & O. R. CO. v. BRANDENBERGER.

Circuit Court of Appeals, Sixth Circuit.

January 11, 1935.


Attorney(s) appearing for the Case

J. S. Rhinefort, of Toledo, Ohio (Tyler, Wilson & Rhinefort, of Toledo, Ohio, on the brief), for appellant.

Francis J. Gallagher and Charles H. Brady, both of Toledo, Ohio (Brady & Gallagher, of Toledo, Ohio, on the brief), for appellee.

Before MOORMAN, SIMONS, and ALLEN, Circuit Judges.


ALLEN, Circuit Judge.

This appeal arises out of a judgment for damages for personal injuries sustained by the appellee while in the employ of appellant as a work writer and supervisor of car repairs. The main questions presented are: First, that the court should have directed a verdict for appellant; and, second, that the court erred in its charge upon assumption of risk.

As to the first contention, the case was submitted to the jury upon the question whether...

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