LOWDEN v. BURKE

No. 12009.

129 F.2d 767 (1942)

LOWDEN et al. v. BURKE.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied August 14, 1942.


Attorney(s) appearing for the Case

Philip Stringer, of St. Paul, Minn. (E. S. Stringer and John D. Stringer, both of St. Paul, Minn., on the brief), for appellants.

William H. DeParcq, of Minneapolis, Minn. (Mr. Eugene A. Rerat, of Minneapolis, Minn., on the brief), for appellee.

Before STONE, THOMAS, and JOHNSEN, Circuit Judges.


STONE, Circuit Judge.

This is an action (under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq.) by an administratrix for the death of William T. Burke. From a recovered judgment, defendants appeal.

For many years, Burke had been employed in and about the yards of defendants at Chickasha, Oklahoma. For some time before his death, his duties were various, including car repairs. On the morning of September 27, 1939, Burke was under a box car...

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