DUDLEY v. SCANDRETT

No. 9392.

115 F.2d 728 (1940)

DUDLEY v. SCANDRETT et al.

Circuit Court of Appeals, Ninth Circuit.

November 22, 1940.


Attorney(s) appearing for the Case

Frank C. Hanley, of Portland, Or., for appellant.

J. N. Davis, Thos. H. Maguire, and A. J. Laughon, all of Seattle, Wash., and Robert B. Abel, of Tacoma, Wash., for appellees.

Before WILBUR, HANEY, and HEALY, Circuit Judges.


HEALY, Circuit Judge.

Appellant sued under the provisions of the Federal Employers' Liability Act, 45 U.S.C.A. §§ 51-59, to recover for an injury sustained while employed as baggageman by appellee railroad company and its trustees.

At the close of appellant's case, which was being tried to a jury, the court granted appellees' motion for an involuntary dismissal. The principal question here involves the propriety of this order. There is a subsidiary...

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