NASHVILLE, C. & ST. L. RY. CO. v. YORK

No. 8980.

127 F.2d 606 (1942)

NASHVILLE, C. & ST. L. RY. CO. v. YORK.

Circuit Court of Appeals, Sixth Circuit.

April 22, 1942.


Attorney(s) appearing for the Case

W. F. Murrah, of Memphis, Tenn., and Walton Whitwell, of Nashville, Tenn. (Wm. A. Miller, Edwin F. Hunt, and Wm. H. Swiggart, all of Nashville, Tenn., on the brief), for appellant.

Roberts P. Elam, of St. Louis, Mo. (Mark D. Eagleton, of St. Louis, Mo., and Joseph H. Norville, of Memphis, Tenn., on the brief), for appellee.

Before HICKS, SIMONS, and MARTIN, Circuit Judges.


MARTIN, Circuit Judge.

The railway company has appealed from a judgment in the district court on the verdict of a jury awarding appellee $25,000 damages, for personal injuries received while serving as brakeman in the employ of appellant.

The injured man and the conductor were seated in the cupola of a caboose, attached to the rear end of a freight train consisting of an engine and thirty-seven cars. The train was proceeding southwardly from Bruceton, Tennessee...

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