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SPRAGUE v. CHICAGO, B. & Q. R. CO.

No. 7288.

17 F.2d 768 (1927)

SPRAGUE v. CHICAGO, B. & Q. R. CO.

Circuit Court of Appeals, Eighth Circuit.

January 31, 1927.

Attorney(s) appearing for the Case

M. F. Harrington, of Omaha, Neb., for plaintiff in error.

Jesse L. Root, of Omaha, Neb. (Byron Clark and J. W. Weingarten, both of Omaha, Neb., and E. D. Crites, of Chadron, Neb., on the brief), for defendant in error.

Before KENYON and BOOTH, Circuit Judges, and KENNAMER, District Judge.

KENNAMER, District Judge.

This action was instituted for the recovery of damages for injuries received by plaintiff while a passenger on one of defendant's trains. Upon the conclusion of the trial of the case, the trial judge directed a verdict in favor of the plaintiff for nominal damages. Plaintiff was granted 42 days in which to prepare and file a motion for a new trial, but the record does not contain any such motion, and fails to disclose that any such motion...

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