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ATCHISON, T. & S. F. RY. CO. v. WYER

No. 6911.

8 F.2d 30 (1925)

ATCHISON, T. & S. F. RY. CO. v. WYER.

Circuit Court of Appeals, Eighth Circuit.

September 5, 1925.

Attorney(s) appearing for the Case

George M. Green, of Oklahoma City, Okl. (J. R. Cottingham, E. E. McInnis, and Frank G. Anderson, all of Oklahoma City, Okl., and Gardiner Lathrop, of Chicago, Ill., on the brief), for plaintiff in error.

H. L. Stuart, of Oklahoma City, Okl. (L. C. Barrett and F. P. Works, both of Amarillo, Tex., and Ledbetter, Stuart, Bell & Ledbetter, of Oklahoma City, Okl., on the brief), for defendant in error.

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

BOOTH, Circuit Judge.

Defendant in error, plaintiff below, recovered a verdict for damages on account of personal injuries claimed to have been caused by negligence of the railway company, hereafter called defendant.

Several items of negligence were alleged in the complaint, but the particular count of negligence upon which plaintiff relied at the trial was failure on the part of defendant to warn him of the danger in his work. Defendant in its answer denied...

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