Baltimore & O. R. v. Brandenberger

ALLEN, Circuit Judge.

This appeal arises out of a judgment for damages for personal injuries sustained by the appellee while in the employ of appellant as a work writer and supervisor of car repairs. The main questions presented are: First, that the court should have directed a verdict for appellant; and, second, that the court erred in its charge upon assumption of risk.

As to the first contention, the case was submitted to the jury upon the question whether appellant failed to give appellee proper notice of the,particular defect in the roof handhold upon the freight car, which caused the…