CHICAGO & N. W. RY. CO. v. McKENNA

No. 9917.

74 F.2d 155 (1934)

CHICAGO & N. W. RY. CO. et al. v. McKENNA.

Circuit Court of Appeals, Eighth Circuit.

November 26, 1934.


Attorney(s) appearing for the Case

Wymer Dressler, of Omaha, Neb. (Robert D. Neely and Hugo J. Lutz, both of Omaha, Neb., and Samuel H. Cady and William T. Faricy, both of Chicago, Ill., on the brief), for appellants.

Wayne E. Sawtell and William C. Dorsey, both of Omaha, Neb., for appellee.

Before STONE and GARDNER, Circuit Judges, and JOYCE, District Judge.


JOYCE, District Judge.

This is an action for damages for assault and battery alleged to have been committed by appellant Barrett on appellee. Verdict and judgment in the amount of $500 were in favor of appellee and against both appellants. The appeal is based upon a failure to direct a verdict, error in the exclusion of evidence, and the giving of certain instructions and the refusal of others.

On April 25, 1931, the appellant Barrett was employed by the appellant...

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