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MITCHELL v. MISSOURI PAC. R. CO.

Gen. No. 67-14.

104 Ill. App.2d 142 (1968)

244 N.E.2d 406

Jack S. Mitchell, Plaintiff-Appellant, v. Missouri Pacific Railroad Company, a Corporation, Defendant-Appellee.

Appellate Court of Illinois — Fifth District.

December 30, 1968.

Attorney(s) appearing for the Case

Meyer & Meyer, of Belleville, and Jo B. Gardner, of Monett, Missouri, for appellant.

Walker & Williams, and Edward Maag, of East St. Louis, and Mark Hennelly, James A. Hesse, and Charles P. Lippert, of St. Louis, Missouri, for appellee.

MORAN, J.

Plaintiff appeals from a verdict directed in favor of the defendant at the close of all of the evidence by the Circuit Court of St. Clair County.

Plaintiff sued under the Federal Employers' Liability Act, 45 USC, section 51, which reads in pertinent part:

"Every common carrier by railroad while engaging in commerce ... shall be liable in damages to any person suffering injury while he is employed by such carrier in commerce ... for such...

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