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BOLDT v. PENNSYLVANIA R.R. CO.

No. 62.

245 U.S. 441 (1918)

38 S.Ct. 139

62 L.Ed. 385

BOLDT, ADMINISTRATRIX OF BOLDT, v. PENNSYLVANIA RAILROAD COMPANY.

Supreme Court of United States.

Decided January 7, 1918.

Attorney(s) appearing for the Case

Mr. Henry W. Brush and Mr. Rufus S. Day, with whom Mr. Frank Gibbons and Mr. C.W. Dille were on the briefs, for plaintiff in error.

Mr. Frederic D. McKenney, with whom Mr. John Spalding Flannery, Mr. Frank Rumsey and Mr. H.J. Adams were on the brief, for defendant in error.

MR. JUSTICE McREYNOLDS delivered the opinion of the court.

At Buffalo, New York, defendant has a yard where freight trains are made up. Cars under control of a brakeman descend by gravity to desired positions on connecting tracks which lie southward of the "hump" or high point. A rule forbade employees from going between cars without first taking precautions not observed in the present case. Some evidence tended to show that under long-continued practice, considered...

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