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YARN v. FT. DODGE, D. M. & S. R. CO.

No. 8336.

31 F.2d 717 (1929)

YARN v. FT. DODGE, D. M. & S. R. CO.

Circuit Court of Appeals, Eighth Circuit.

March 1, 1929.

Attorney(s) appearing for the Case

William F. Riley, of Des Moines, Iowa (Addison M. Parker, Clifford V. Cox, and Donald Evans, all of Des Moines, Iowa, on the brief), for appellant.

Walter R. Dyer, of Boone, Iowa (James C. Davis, A. A. McLaughlin, and George E. Hise, all of Des Moines, Iowa, and John W. Jordan, of Boone, Iowa, on the brief), for appellee.

Before LEWIS, Circuit Judge, and WOODROUGH and McDERMOTT, District Judges.

McDERMOTT, District Judge.

The appellant (plaintiff below) sued for personal injuries occasioned by an electric shock received directly from a steam pipe on which he was working, and indirectly from lines of the defendant. The trial court directed a verdict for the defendant, at the close of plaintiff's evidence, on the ground of lack of any duty to the plaintiff, lack of negligence, and because of plaintiff's negligence. The question of proximate cause, and the intervention...

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