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SOUTHERN RY. CO. v. STEWART

No. 11609.

119 F.2d 85 (1941)

SOUTHERN RY. CO. v. STEWART.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied May 7, 1941.

Attorney(s) appearing for the Case

Walter N. Davis and Arnot L. Shepard, both of St. Louis, Mo. (Wilder Lucas, of St. Louis, Mo., on the brief), for appellant.

Charles M. Hay and William H. Allen, both of St. Louis, Mo. (Charles P. Noell, of St. Louis, Mo., on the brief), for appellee.

Before GARDNER, SANBORN, and THOMAS, Circuit Judges.

GARDNER, Circuit Judge.

This was an action brought by the original appellee, Mary Stewart, widow of James R. Stewart, deceased, and the administratrix of his estate, to recover damages for injuries to and the alleged wrongful death of her husband while in the employ of appellant railroad company as a switchman. After the appeal had been perfected and was pending in this court, appellee Mary Stewart died, whereupon Clarence A. Stewart, as administrator of the estate...

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