CHICAGO GREAT WESTERN RY. CO. v. PEELER

No. 12730.

140 F.2d 865 (1944)

CHICAGO GREAT WESTERN RY. CO. v. PEELER.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied March 22, 1944.


Attorney(s) appearing for the Case

Harry S. Stearns, of St. Paul, Minn. (Harry S. Stearns, Jr., of St. Paul, Minn., on the brief), for appellant.

Ernest A. Michel, of Minneapolis, Minn. (Tom Davis and Carl L. Yaeger, both of Minneapolis, Minn., on the brief), for appellee.

Before STONE, THOMAS, and JOHNSEN, Circuit Judges.


THOMAS, Circuit Judge.

The appellee as plaintiff brought this action against the appellant to recover damages for personal injuries sustained in an accident while employed by appellant as a switchman in appellant's yards at Des Moines, Iowa. The action was brought under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq.

After stating jurisdictional facts the complaint alleged that the injury for which recovery of damages was sought resulted...

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