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THOMSON v. DOWNEY

No. 5386.

78 F.2d 487 (1935)

THOMSON v. DOWNEY.

Circuit Court of Appeals, Seventh Circuit.

June 15, 1935.

Attorney(s) appearing for the Case

K. L. Richmond, of Chicago, Ill., and Acton, Acton & Baldwin and Wm. M. Acton, all of Danville, Ill., for appellant.

Walter T. Gunn, Harold F. Lindley, Horace E. Gunn, and Leo W. Burk, all of Danville, Ill., for appellee.

Before EVANS, SPARKS, and ALSCHULER, Circuit Judges.

SPARKS, Circuit Judge.

By this action appellee sought to recover damages in the sum of $10,000 from appellant for the death of her husband, Timothy C. Downey. Decedent was a section foreman and was struck by a train while he was operating a hand car on appellant's railroad track. A motion for a directed verdict was denied at the close of appellee's evidence in chief, and it was renewed and denied at the close of all the evidence. There was a verdict for $4,500. Motions...

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