The Baltimore & Ohio Railroad Company v. Richard L. York

PER CURIAM. ■ This case came on to b.e heard upon the record and briefs and oral argument of counsel: And it appearing that it was. a question of fact, whether ¡appellant was negligent in grounding its semaphore tower so that in the event of lightning striking the towpr a side flash passing into the telegraph shanty was probable and foreseeable, and whether defects.existed in the equipment maintained by appellant in , ¡appellee’s. telegraph shanty, and whether such circumstances or either of them, if found to exist, caused or proximately contributed^ to appellee’s injury; And it appearing that the evidence was rightly submitted to the jury' under proper instructions; Gleeson v. Virginia Midland R. Co., 140 U.S. 435, 11 S.Ct. 859, 35 L.Ed. 458; Benner v. Terminal Railroad Association of St. Louis, 348 Mo. 928, 156 S.W.2d 657. Cf. Jesionowski v. Boston & Maine R., 329 U.S. 452, 67 S.Ct. 401, 91 L.Ed. 416. And no reversible error appearing from the record; It is ordered that the judgment of the District Court be and hereby is affirmed.