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CHICAGO, ST. P., M. & O. RY. CO. v. HENSLEY

No. 7829.

25 F.2d 861 (1928)

CHICAGO, ST. P., M. & O. RY. CO. v. HENSLEY.

Circuit Court of Appeals, Eighth Circuit.

April 2, 1928.

Attorney(s) appearing for the Case

Wymer Dressler, of Omaha, Neb. (Robert D. Neely, of Omaha, Neb., on the brief), for appellant.

M. F. Harrington, of O'Neill, Neb., for appellee.

Before WALTER H. SANBORN and BOOTH, Circuit Judges, and MUNGER, District Judge.

WALTER H. SANBORN, Circuit Judge.

The appellee, Stacy Hensley, brought an action against the appellant, the railway company, for personal injuries inflicted upon him by it while he was engaged for hire in its business of a common carrier in interstate commerce. At the close of his evidence in chief at the trial of the case, he had failed to introduce any proof that at the time of his injury he or the railway company were engaged in interstate commerce. Thereupon the...

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