
    The BALTIMORE & OHIO RAILROAD COMPANY, Appellant, v. Richard L. YORK, Appellee.
    No. 11690.
    United States Court of Appeals Sixth Circuit.
    April 6, 1953.
    Harrington, Huxley & Smith, Youngstown, Ohio T. Lamar Jackson, C. Kenneth Clark, of counsel, for appellant.
    Herbert & Dombey, Columbus, Ohio, for appellee.
    Before ALLEN, MARTIN and MILLER, Circuit Judges.
   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.  