General
Lillie KUHNHEIM, Adm'x, etc., Appellant, v. PENNSYLVANIA RAILROAD COMPANY, Appellee
38 F.2d 1015·United States Court of Appeals for the Sixth Circuit·1930
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Opinion
Lillie KUHNHEIM, Adm’x, etc., Appellant, v. PENNSYLVANIA RAILROAD COMPANY, Appellee.
No. 5448.
Circuit Court of Appeals, Sixth Circuit.
April 7, 1930.
John Ruff alo, of Youngstown, Ohio, for appellant.
Squire, Sanders & Dempsey, Thos. M. Kirby, and Geo. H. P. Lacey, all of Cleveland, Ohio, for appellee.
Before DENISON and MACK, Circuit Judges, and RAYMOND, District Judge.
[MAJORITY — PER CURIAM.]
PER CURIAM.
When Kuhnheim fell, there had been no occasion for him to set the brake, but only to try it. Except in or after setting, defects in dog or ratchet could not have contributed to such a fall. Nor is it more than a possibility that a chain too long could have so contributed. Even disregarding the eyewitness’ testimony, there can be only surmise that an inefficient brake caused the fall. In this respect, the case is ruled by our decision in Burnett v. Penna. Railroad Co. (C. C. A.) 33 F.(2d) 579.
Affirmed.