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LAZELLE v. NORFOLK & W. RY. CO.

No. 6427.

73 F.2d 459 (1934)

LAZELLE v. NORFOLK & W. RY. CO.

Circuit Court of Appeals, Sixth Circuit.

November 14, 1934.

Attorney(s) appearing for the Case

Harry Clark, of Cleveland, Ohio (Bernsteen & Bernsteen, of Cleveland, Ohio, Edward M. Ballard, of Cincinnati, Ohio, and M. L. Bernsteen and J. E. Mathews, both of Cleveland, Ohio, on the brief), for appellant.

H. T. Bannon, of Portsmouth, Ohio (Hollister & Hollister and Ralph E. Clark, all of Cincinnati, Ohio, on the brief), for appellee.

Before HICKS and SIMONS, Circuit Judges, and TAYLOR, District Judge.

SIMONS, Circuit Judge.

The suit below was brought by the appellant under the Federal Employers' Liability Act (45 USCA § 51 et seq.), for injuries alleged to have been received during the course of his employment through the railroad's negligence. The factual issues in respect to negligence, and its causal relation to the injury, were submitted to the jury in instructions to which no exception was taken, and with which the appellant was wholly satisfied. The...

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