Healy v. Cincinnati, New Orleans & Texas Pacific Ry

By HAMILTON, PJ.

I concur in the judgment of reversal of the court of common pleas.

I am of opinion that the judgment should be reversed'- for. error in the charge of the trial-court in the general charge, wherein the court submitted the question of the violation of the Federal Statutes relating to defective equipment and defective coupler. I •find no evidence of any defective equipment' and no evidence of any defective coupler, directly contributing to decedent’s injury and death.

See: B. & O. Ry. Co. v Tittle, 4 Fed. (2d.) 818, on the question of proximate cause.

The case should be remanded for…