Chesapeake & O. Ry. Co. v. Smith

42 F.2d 111 (1930)

CHESAPEAKE & O. RY. CO.

v.

SMITH.

No. 5432.

Circuit Court of Appeals, Sixth Circuit.

June 12, 1930.

Fred C. Rector, of Columbus, Ohio (Wilson & Rector, of Columbus, Ohio, on the brief), for appellant.

R. B. Newcomb, of Cleveland, Ohio (Newcomb, Newcomb & Nord, of Cleveland, Ohio, and Pugh & Pugh, of Columbus, Ohio, on the brief), for appellee.

Before MOORMAN, MACK, and HICKENLOOPER, Circuit Judges.

MACK, Circuit Judge.

Smith was the rear brakeman on a long train of ninety-eight empty coal cars which was proceeding east on defendant's lines between Russell, Ky., and Danville, W. Va. He…