FOSTER v. DENNY MOTOR TRANSFER CO.

No. 6669.

100 F.2d 658 (1938)

FOSTER v. DENNY MOTOR TRANSFER CO.

Circuit Court of Appeals, Seventh Circuit.

December 3, 1938.


Attorney(s) appearing for the Case

James J. McKenna, Sol W. Harris, and Louis Gershon, all of Chicago, Ill. (James J. McKenna and Burrell J. Cramer, both of Chicago, Ill., of counsel), for appellant.

John M. Tuohy, of Chicago, Ill., for appellee.

Before EVANS and TREANOR, Circuit Judges, and LINDLEY, District Judge.


EVANS, Circuit Judge.

Two questions are raised on this appeal: (a) The sufficiency of the evidence to support the verdict, and (b) the court's denial of defendant's effort to show that the plaintiff's employer and defendant were operating under, and subject to, the provisions of the Illinois Workmen's Compensation Act, Ill. Rev.Stat.1937, c. 48, § 138 et seq.

(a) The defendant's contention that the evidence failed to present a jury question must be rejected...

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