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CHICAGO & N. W. RY. CO v. STRUTHERS

No. 9067.

52 F.2d 88 (1931)

CHICAGO & N. W. RY. CO v. STRUTHERS.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied August 31, 1931.

Attorney(s) appearing for the Case

Abbott W. Sawyer, of Winona, Minn. (William T. Faricy and Warren Newcome, both of St. Paul, Minn., Samuel H. Cady, of Chicago, Ill., and Leslie L. Brown and Stephen H. Somsen, both of Winona, Minn., on the briefs), for appellant.

Ernest A. Michel, of Minneapolis, Minn. (Tom Davis and Carl L. Yaeger, both of Minneapolis, Minn., on the brief), for appellee.

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

OTIS, District Judge.

This is an appeal from a judgment in the District Court awarding damages to appellee, hereinafter referred to as the plaintiff, on account of the death of one Eugene F. Curran, who was killed July 15, 1929, while employed by the appellant, hereinafter referred to as the defendant, as a locomotive fireman. Suit was brought in the District Court by the plaintiff as special administrator of the estate of Curran upon the theory that while Curran...

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