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

No. 10650.

88 F.2d 466 (1937)

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

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied March 22, 1937.

Attorney(s) appearing for the Case

William H. DeParcq, of Minneapolis, Minn. (Robert J. McDonald, of Minneapolis, Minn., on the brief), for appellant.

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

Before STONE, SANBORN, and VAN VALKENBURGH, Circuit Judges.

VAN VALKENBURGH, Circuit Judge.

Appellant sues to recover damages for the death of Harry Rice Kulp, sustained while in the employ, as a freight brakeman, of appellee, Chicago, St. Paul, Minneapolis & Omaha Railway Company, generally referred to as the "Omaha." Herein the parties will be designated as in the trial court.

At about 8 p. m. July 19, 1933, defendant's extra freight train No. 394 left Mankato, Minn., eastbound for Minneapolis. Its route lay...

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