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CHICAGO GREAT WESTERN R. CO. v. MACKIE

No. 9413.

60 F.2d 384 (1932)

CHICAGO GREAT WESTERN R. CO. v. MACKIE.

Circuit Court of Appeals, Eighth Circuit.

July 6, 1932.

Attorney(s) appearing for the Case

Donald Evans, of Des Moines, Iowa (Clifford V. Cox and William F. Riley, both of Des Moines, Iowa, and D. E. Stuart, of council Bluffs, Iowa, on the brief), for appellant.

John Le Roy Peterson, of Council Bluffs, Iowa (Henry K. Peterson, and Raymond A. Smith, both of Council Bluffs, Iowa, J. T. Dysart, of Omaha, Neb., and John J. Hess, of Council Bluffs, Iowa, on the brief), for appellee.

Before GARDNER, SANBORN, and BOOTH, Circuit Judges.

BOOTH, Circuit Judge.

This is an appeal from a judgment after verdict in favor of appellee (plaintiff below) against appellant in an action to recover damages for personal injuries alleged to have been sustained by plaintiff by reason of negligence of the defendant.

Although the pleadings raised the issues of negligence on the part of the defendant and of contributory negligence on the part of plaintiff, both of those...

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