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OREGON SHORT LINE R. CO. v. GUBLER

No. 6969.

9 F.2d 494 (1925)

OREGON SHORT LINE R. CO. v. GUBLER.

Circuit Court of Appeals, Eighth Circuit.

November 11, 1925.

Attorney(s) appearing for the Case

Robert B. Porter, of Salt Lake City, Utah (George H. Smith, J. V. Lyle, and Dana T. Smith, all of Salt Lake City, Utah, on the brief), for plaintiff in error.

Willard Hanson, of Salt Lake City, Utah (B. L. Liberman and A. H. Hougaard, both of Salt Lake City, Utah, on the brief), for defendant in error.

Before STONE and VAN VALKENBURGH, Circuit Judges, and WILLIAMS, District Judge.

STONE, Circuit Judge.

This is a writ of error from a judgment entered on verdict allowing recovery of damages for personal injury.

Two points are presented here: (1) That the evidence is insufficient to show any negligence on the part of the defendant; (2) that the injury did not occur in interstate commerce and is therefore subject to the Employers' Liability Act of the state of Idaho.

I. The negligence alleged is that plaintiff, who was employed...

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