Flint & P. M. R. Co. v. McPherson
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of' the United States for the Northern District of Ohio. After dark on the evening of the 19th day of February, 1898, at Sanford, Mich., the plaintiff below, while in the discharge of his duties as a brakeman for defendant, fell or was knocked from one of its trains against a pile of wood which had been placed close to the track of the railroad for shipment.
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In Error to the Circuit Court of' the United States for the Northern District of Ohio. After dark on the evening of the 19th day of February, 1898, at Sanford, Mich., the plaintiff below, while in the discharge of his duties as a brakeman for defendant, fell or was knocked from one of its trains against a pile of wood which had been placed close to the track of the railroad for shipment. The plaintiff was an experienced brakeman, and had been in the defendant’s employment as such on one of its freight trains for some months. The pile of wood was about 105 feet long, and extended along the…
1Opinion of the Court
EVAÍTS, District Judge,
after stating the facts, delivered the opinion of the court.
Although there has been an elaborate argument in this case of quite a large number of assignments of error, a very careful consideration of them and of the whole record leads us to the conclusion that only one phase of the case need be considered in this opinion. It is that in which the plaintiff in error complains that the court below erred in its charge to the jury in permitting them to determine whether the injury to the plaintiff was the result of extending or protruding his body beyond the edge of the car…
2Cited by2 opinions
- Pennsylvania Co. v. WhitneyCourt of Appeals for the Sixth Circuit · 1909
- Farless v. MoreheadCourt of Appeals for the Sixth Circuit · 1912