The Federal Reporter (Volume 159); With Key-Number Annotations

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908. Excerpt: ... Reverse, with direction to set aside the decree of reference, the decree confirming master's report, and final decree, with leave to amend by making the trustee of the mortgage of September, 1893, a party defendant, if appellees shall be so advised, or dismiss the petition for want of proper and necessary parties. PENNSYLVANIA R. CO. v. FORSTATiD. (Circuit Court of Appeals, Second Circuit January 7, 1908.) No. 46. L Whit or Error--Direction Of Verdict--Review. On review of an order declining to direct a verdict for defendant, the Circuit Court of Appeals must examine the evidence from a viewpoint most favorable to plaintiff. Ed. Note.--For cases In point, see Cent. Dig. vol. 8, Appeal and Error, 4024. 2. Master And Servant--Injuries To Servant--Railroads--Assumed Risk Promise To Repair. Plaintiff was employed as a brakeman In defendant's railroad yard, and required to assist in placing cars with a switch engine, to which a push pole was attached with a collar and chains, to prevent the pole from swinging too far to the side. The collar had been In a defective condition for some months prior to the accident, and plaintiff in various ways had attempted to prevent Its slipping, without success, when he complained to defendant's agent, who promised that the collar should bo fixed the next time the engine went to New Jersey. A few days after this promise was made plaintiff Injured his hand, and was prevented from performing his regular duties, and had not worked again with such engine until just before the moment of the accident, when, as he was riding on the rear of the engine, drilling cars by means of the pole, It swung too far off the track, and struck a car on an adjoining track, and was forced back against plaintiff, causing his injuries. Held, ...