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SCHLEMMER v. BUFFALO, ROCHESTER, & PITTSBURG RY.

No. 41.

205 U.S. 1 (1907)

27 S.Ct. 407

51 L.Ed. 681

SCHLEMMER v. BUFFALO, ROCHESTER AND PITTSBURG RAILWAY COMPANY.

Supreme Court of United States.

Decided March 4, 1907.

Attorney(s) appearing for the Case

Mr. Frederic D. McKenney and Mr. Luther M. Walter, with whom Mr. Edward A. Moseley and Mr. A.J. Truitt were on the brief, for the plaintiff in error.

Mr. M.E. Olmsted, with whom Mr. C.H. McCauley and Mr. A.C. Stamm were on the brief, for defendant in error.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is an action for the death of the plaintiff's intestate, Adam M. Schlemmer, while trying to couple a shovel car to a caboose. A nonsuit was directed at the trial and the direction was sustained by the Supreme Court of the State. The shovel car was part of a train on its way through Pennsylvania from a point in New York, and was not equipped with an automatic coupler...

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