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LINE v. ERIE R. CO.

No. 6047.

62 F.2d 657 (1933)

LINE v. ERIE R. CO.

Circuit Court of Appeals, Sixth Circuit.

January 20, 1933.

Attorney(s) appearing for the Case

C. A. Meck, of Toledo, Ohio (Meck & Meck, of Toledo, Ohio, on the brief), for appellant.

E. A. Foote, of Cleveland, Ohio (McGowan, Foote, Bushnell & Burgess, of Cleveland, Ohio., on the brief), for appellee.

Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.

HICKS, Circuit Judge.

Cora E. Line, executrix of the estate of Charles Homer Line, sued the Erie Railroad Company, appellee, for damages for the alleged wrongful death of deceased. The case was brought under, and falls within, the Federal Employers' Liability Act (April 22, 1908, c. 149, § 1, 35 Stat. 65, tit. 45, c. 2, § 51, U. S. C. [45 USCA § 51]). The trial judge directed a verdict for appellee.

The undisputed evidence is that on the night...

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