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DARDEN v. NASHVILLE, C. & ST. L. RY. CO.

No. 6412.

71 F.2d 799 (1934)

DARDEN v. NASHVILLE, C. & ST. L. RY. CO.

Circuit Court of Appeals, Sixth Circuit.

June 29, 1934.

Attorney(s) appearing for the Case

W. K. Sullivan, of Cleveland, Ohio, and C. C. Grassham, of Paducah, Ky. (Charles C. Grassham, of Paducah, Ky., Newcomb, Newcomb & Nord, of Cleveland, Ohio, on the brief), for appellant.

G. T. Fitzhugh, of Memphis, Tenn. (Fitzgerald Hall, of Nashville, Tenn., Nunn & Waller, of Paducah, Ky., and Fitzhugh, Murrah & Fitzhugh, of Memphis, Tenn., on the brief), for appellee.

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

HICKS, Circuit Judge.

Action by Hobart M. Darden, appellant, under the Federal Employers' Liability Act (title 45, U. S. Code, c. 2, §§ 51-59 [45 US CA §§ 51-59]), against Nashville, Chattanooga & St. Louis Railway Company to recover damages for personal injuries. The question is whether the court erred in granting appellee's motion for a directed verdict.

The accident occurred in what is known as the Sixth street yard and engine terminal...

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