Hogan v. Baltimore & O. R.

MOORMAN, Circuit Judge.

This cause • was decided below on a demurrer to the petition as amended. The relevant facts alleged were that defendant was engaged in both intrastate and interstate commerce; that plaintiff was its employee as a car repairer at Toledo, Ohio, and as such was required to straighten the handholds on railway cars; that the usual and proper implement for such work was a buggy bar, having a curved end for digging into and gripping the woodwork; that plaintiff had repeatedly requested his superiors to furnish him a buggy bar with which to do the work, but they had refused to…