Chesapeake & Ohio R. Co. v. Leitch, 276 U.S. 429 (1928)
U.S. Supreme CourtChesapeake & Ohio R. Co. v. Leitch, 276 U.S. 429 (1928)
Chesapeake & Ohio Railroad Company v. Leitch
Argued March 14, 1928
Decided April 9, 1928
276 U.S. 429
A locomotive engineer assumes the risk of being struck by a mail crane or mail sack hanging from it (Southern Pacific Co. v. Berkshire, 254 U. S. 415), even though placed some inches closer to the track than the general plan for the railroad provided, no unquestionable disregard of obvious precautions being shown. P. 276 U. S. 430.
101 W.Va. 230 reversed.
Certiorari, 273 U.S. 678, to a judgment of the Supreme Court of Appeals of West Virginia sustaining a recovery in an action under the Federal Employers' Liability Act.