Lehigh Valley R. v. Howell

MANTON, Circuit Judge.

Defendant in error, employed as a brakeman by the plaintiff in error, was engaged in interstate commerce on May 13, 1920, at Hartz yard, at or near Ashmore, in the state of Pennsylvania. His erew was to haul out a train of 75 ears, which were put together, coupled, and apparently gathered for movement. His duty required him to inspect each ear, to learn if it was properly coupled, with air hose attached and brakes released. It was then midnight, and he proceeded dutifully with this work, using a hand lantern. When he got to about the thirty-third car from the rear, he…