DAVIS v. GRAY

No. 1854.

8 F.2d 843 (1925)

DAVIS, Director General of Railroads, v. GRAY.

Circuit Court of Appeals, First Circuit.

November 16, 1925.


Attorney(s) appearing for the Case

Eri C. Oakes, of Lancaster, N. H., and Chas. H. Blatchford, of Portland, Me. (Shurtleff, Oakes & Hinkley, of Lancaster, N. H., and William R. McFeeters, of St. Albans, Vt., on the brief), for plaintiff in error.

Alexander Murchie, of Concord, N. H. (Murchie & Murchie, of Concord, N. H., on brief), for defendant in error.

Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.


ANDERSON, Circuit Judge.

This is an action under the federal Employers' Liability Act (Comp. St. §§ 8657-8665) to recover for the death of Glen E. Gray, who was killed at Lunenburg, Vt., on October 13, 1919. At the first trial, the court directed a verdict for the defendant. This court held (294 F. 57) that the case should have been submitted to the jury. At the second trial, the evidence of negligence and as to the cause of the accident was, as defendant...

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