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SWINSON v. CHICAGO, ST. P., M. & O. RY. CO.

No. 9965.

72 F.2d 649 (1934)

SWINSON v. CHICAGO, ST. P., M. & O. RY. CO.

Circuit Court of Appeals, Eighth Circuit.

August 1, 1934.

Attorney(s) appearing for the Case

Ernest A. Michel, of Minneapolis, Minn. (Tom Davis and Carl L. Yaeger, both of Minneapolis, Minn., on the brief), for appellant.

Warren Newcome, of St. Paul, Minn. (William T. Faricy, of Chicago, Ill., and Alfred E. Rietz, of St. Paul, Minn., on the brief), for appellee.

Before GARDNER and SANBORN, Circuit Judges, and DEWEY, District Judge.

SANBORN, Circuit Judge.

The parties will be referred to as in the court below. Swinson brought this action under the Federal Employers' Liability Act (Act of April 22, 1908, c. 149, 35 Stat. 66, 45 U. S. C. § 53 [45 USCA § 53]) to recover for personal injuries, alleging a violation of the provisions of the Safety Appliance Acts relating to handholds (Act of March 2, 1893, c. 196, § 4, 27 Stat. 531, 45 U. S. C. § 4 [45 USCA § 4]) and running...

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