GREAT NORTHERN RY. CO. v. WOJTALA

No. 9259.

112 F.2d 609 (1940)

GREAT NORTHERN RY. CO. v. WOJTALA.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied July 25, 1940.


Attorney(s) appearing for the Case

T. B. Weir, W. L. Clift, and Harry P. Bennett, all of Helena, Mont., for appellant.

E. J. Stromnes, of Great Falls, Mont., for appellee.

Before GARRECHT, HANEY, and HEALY, Circuit Judges.


HANEY, Circuit Judge.

Appellee recovered a judgment against appellant for personal injuries suffered while in appellant's employ, and appellant seeks to set the judgment aside.

Appellant maintains a shop for the repair of its cars. Some repairs are made outside the shop on tracks. In the shop are four tracks upon which the cars rest. The repairs to each car are made by a crew consisting of a carman and a helper. The carman is the helper's superior; an assistant...

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