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CHICAGO & N. W. RY. CO. v. PAYNE.

No. 6933.

8 F.2d 332 (1925)

CHICAGO & N. W. RY. CO. v. PAYNE.

Circuit Court of Appeals, Eighth Circuit.

September 17, 1925.

Attorney(s) appearing for the Case

Robert D. Neely, of Omaha, Neb. (Wymer Dressler and Paul S. Topping, both of Omaha, Neb., on the brief), for plaintiff in error.

Hugh J. Boyle, of Norfolk, Neb. (M. F. Harrington, of Omaha, Neb., on the brief), for defendant in error.

Before LEWIS and BOOTH, Circuit Judges, and PHILLIPS, District Judge.

LEWIS, Circuit Judge.

About midnight of April 3, 1920, Payne suffered an injury to his left ankle while he was in the employ of the railway company in its yards at Norfolk, Nebraska. He attributed the injury to the negligence of the railway company, alleging in his complaint that it "carelessly, negligently and wrongfully kept and maintained a pile of cinders, coal and ashes close to one of its railroad tracks in its yards at Norfolk, Nebraska, and in a place where...

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