PITCAIRN v. DEVLIN

No. 8063.

111 F.2d 735 (1940)

PITCAIRN et al. v. DEVLIN.

Circuit Court of Appeals, Sixth Circuit.

May 8, 1940.


Attorney(s) appearing for the Case

Gustavus Ohlinger, of Toledo, Ohio (Smith, Beckwith, Ohlinger & Froehlich, of Toledo, Ohio, on the brief), for appellants.

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

Before HICKS, HAMILTON, and ARANT, Circuit Judges.


ARANT, Circuit Judge.

This is an appeal from a judgment upon a verdict in a suit under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., to recover for personal injuries.

Appellee, a machinist of twenty-eight years' experience, had been in appellants' employ about three years, when he was injured, on October 23, 1934. On that day, the shop foreman assigned appellee and his assistant to grind in a throttle valve on an engine. After this task...

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