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NEW YORK, C. & ST. L. R. CO. v. BOULDEN

No. 4848.

63 F.2d 917 (1933)

NEW YORK, C. & ST. L. R. CO. v. BOULDEN.

Circuit Court of Appeals, Seventh Circuit.

March 10, 1933.

Attorney(s) appearing for the Case

Russell P. Harker, of Frankfort, Ind. (L. L. Bomberger, of Hammond, Ind., and W. J. Stevenson, of Cleveland, Ohio, of counsel), for appellant.

H. H. Patterson, of Chicago, Ill. (Edmund C. Maurer, of Chicago, Ill., of counsel), for appellee.

Before EVANS and SPARKS, Circuit Judges, and WILKERSON, District Judge.

SPARKS, Circuit Judge (after stating the facts as above).

The complaint is in three paragraphs and their differences which are slight relate to the charges of negligence. Appellee testified that the accident was caused by striking his foot against the post, and from this fact it is quite obvious that the negligence relied upon was in permitting the post to protrude above the cinders. Hence the questions presented for our consideration are: (1) Whether there was negligence...

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