UNION PAC. R. CO. v. GARNER

No. 7724.

24 F.2d 53 (1928)

UNION PAC. R. CO. v. GARNER.

Circuit Court of Appeals, Eighth Circuit.

January 25, 1928.


Attorney(s) appearing for the Case

C. A. Magaw, of Omaha, Neb. (N. H. Loomis, Edson Rich, and Thomas W. Bockes, all of Omaha, Neb., and T. F. Hamer, of Kearney, Neb., on the brief), for plaintiff in error.

William E. Shuman, of North Platte, Neb. (John J. Halligan, Robert Beatty, and Victor Halligan, all of North Platte, Neb., on the brief), for defendant in error.

Before STONE, Circuit Judge, and REEVES and OTIS, District Judges.


REEVES, District Judge.

Defendant in error, hereinafter designated as plaintiff, recovered judgment in the sum of $20,000 against plaintiff in error, hereinafter designated as defendant. To reverse this judgment, defendant has sued out a writ of error.

On the night of October 27, 1925, near midnight, plaintiff's husband, Oakie O. Garner, engine foreman for defendant, while engaged in lining switches for one of defendant's engines in the railroad yards at North...

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