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GATELY v. CHICAGO & E. I. R. CO.

No. 8246.

138 F.2d 222 (1943)

GATELY v. CHICAGO & E. I. R. CO.

Circuit Court of Appeals, Seventh Circuit.

October 26, 1943.

Attorney(s) appearing for the Case

Edward W. Rawlins, James F. Wright, and T. N. Cook, all of Chicago, Ill. (Fay Warren Johnson, of Chicago, Ill., of counsel), for appellant.

H. H. Patterson, of Chicago, Ill. (Edmund C. Maurer, of Chicago, Ill., of counsel), for appellee.

Before SPARKS, MAJOR, and MINTON, Circuit Judges.

MAJOR, Circuit Judge.

This appeal is from a judgment in favor of the plaintiff in an action for damages resulting from personal injuries sustained January 29, 1940. Plaintiff was a switchman in the employ of the Wabash Railroad Company, and the injuries complained of were received when he was struck by defendant's switch engine, operating in the Danville Junction near Danville, Illinois.

The case was tried to a jury, upon a complaint which charged the defendant...

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