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VIGOR v. CHESAPEAKE & O. RY. CO.

No. 6692.

101 F.2d 865 (1939)

VIGOR v. CHESAPEAKE & O. RY. CO.

Circuit Court of Appeals, Seventh Circuit.

February 23, 1939.

Attorney(s) appearing for the Case

Bomberger, Peters & Morthland, of Hammond, Ind., and Albert H. Cole, of Peru, Ind., for appellant.

Clarence C. Chilcott, of Kansas City, Mo., and Timothy P. Galvin, of Hammond, Ind., for appellee.

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

SPARKS, Circuit Judge.

Appellee's decedent was employed by appellant as a railroad brakeman. The complaint sought to recover damages for his death, which occurred during such service, as a result of appellant's alleged violation of the provisions of the Federal Safety Appliance Act, 45 U.S.C.A. § 1 et seq., with respect to car couplers. At the conclusion of appellee's evidence appellant moved for a directed verdict, whereupon appellee likewise moved for a verdict...

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