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SWANER v. UTAH IDAHO CENT. R. CO.

No. 341.

54 F.2d 863 (1931)

SWANER v. UTAH IDAHO CENT. R. CO.

Circuit Court of Appeals, Tenth Circuit.

December 23, 1931.

Attorney(s) appearing for the Case

Willard Hanson, of Salt Lake City, Utah (A. H. Hougaard, of Salt Lake City, Utah, on the brief), for appellant.

James A. Howell, of Ogden, Utah (James H. DeVine, David L. Stine, and Alfred W. Agee, all of Ogden, Utah, on the brief), for appellee.

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

LEWIS, Circuit Judge.

Trespass on the case. Plaintiff alleged in his complaint: that on September 8, 1927, he was employed by defendant as a motorman on its electric railway, operating the motor car of a freight train from Ogden, Utah, destined to points in the State of Idaho, and was so engaged in interstate commerce; that the sanders on his motor were out of repair and the sand would not fall on the rails; that plaintiff was directed by the trainmaster, who was...

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