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

No. 9089.

52 F.2d 313 (1931)

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

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied October 14, 1931.


Attorney(s) appearing for the Case

Alfred E. Rietz, of St. Paul, Minn. (William T. Faricy and Warren Newcome, both of St. Paul, Minn., on the brief), for appellant.

Robert J. McDonald, of Minneapolis, Minn. (William A. Tautges and B. W. Wilder, both of Minneapolis, Minn., on the brief), for appellee.

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


BOOTH, Circuit Judge.

This is an appeal by defendant from a judgment after verdict in an action brought by appellee to recover damages on account of the death of her husband, Carl E. P. Henkel, which was alleged to have been caused by the negligence of appellant.

Henkel, at the time of his death, was in the employ of appellant as head brakeman on one of its freight trains, and was riding in the cab of the locomotive which was derailed by a washout. At the...

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