SUMNEY v. SOUTHERN RY. CO.

No. 4122.

89 F.2d 437 (1937)

SUMNEY v. SOUTHERN RY. CO. et al.

Circuit Court of Appeals, Fourth Circuit.

April 6, 1937.


Attorney(s) appearing for the Case

John C. Cheesborough, of Asheville, N. C. (J. M. Horner, Jr., of Asheville, N. C., on the brief), for appellant.

G. Lyle Jones, of Asheville, N. C. (George H. Ward and Jones & Ward, both of Asheville, N. C., on the brief), for appellees.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.


PARKER, Circuit Judge.

This is an appeal in an action against a railway company to recover damages on account of the death of an employee which is alleged to have been caused by the company's negligence. The complaint set forth a cause of action under the Federal Employers' Liability Act (45 U. S.C.A. § 51 et seq.) and also one under the state law, but it is not seriously disputed that the federal act governs. The court instructed the jury to answer the issues...

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