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NEW YORK CENT. R. CO. v. JOHNSON

Nos. 8020, 8021.

27 F.2d 699 (1928)

NEW YORK CENT. R. CO. v. JOHNSON (two cases).

Circuit Court of Appeals, Eighth Circuit.

July 2, 1928.

Attorney(s) appearing for the Case

A. S. Marley, of Kansas City, Mo. (W. Haley Reed, of Kansas City, Mo., and Sidney C. Murray and M. A. Jersild, both of Chicago, Ill., on the brief), for plaintiff in error.

Price Wickersham, of Kansas City, Mo. (John H. Atwood, Oscar S. Hill, and C. C. Chilcott, all of Kansas City, Mo., on the brief), for defendants in error.

Before KENYON, Circuit Judge, and SYMES and MARTINEAU, District Judges.

SYMES, District Judge.

These two cases are here by separate writs of error, sued out by the railroad company from separate judgments entered in the District Court of the United States for the Western District of Missouri, in favor of the respective plaintiffs below, defendants in error here. The two actions were consolidated, tried as one, and the errors complained of are the same in both.

No. 8020 was brought by Edward H. Johnson to recover damages as the...

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