REED v. PENN. RD. CO

No. 36477.

171 Ohio St. 433 (1961)

REED, APPELLEE, v. PENNSYLVANIA RD. CO., APPELLANT.

Supreme Court of Ohio.

Decided January 18, 1961.


Attorney(s) appearing for the Case

Messrs. Herbert, Tuttle, Applegate & Britt, for appellee.

Messrs. Bricker, Evatt, Barton, Eckler & Niehoff, for appellant.


TAFT, J.

There is no evidence in the record tending to prove the absence of efficient hand brakes on any car or that any brake on any car in this train did not or could not do what an efficient hand brake on such a car should or should not do. A finding, that any car in this train was not "equipped with * * * efficient hand brakes" as required by Section 11 of Title 45, U. S. Code (the Federal Safety Appliance Act), would necessarily have to be based upon an inference...

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