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

No. 8473.

142 F.2d 309 (1944)

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

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 6, 1944.


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, of counsel), for appellant.

Royal W. Irwin, of Chicago, Ill., for appellee.

Before MAJOR, KERNER, and MINTON, Circuit Judges.


MAJOR, Circuit Judge.

This appeal is from a judgment favorable to plaintiff in an action, under the Federal Employers' Liability Act, 45 U.S. C.A. § 51 et seq., to recover damages for personal injury. The case was tried to a jury and the sole question here raised is the failure of the trial court to direct a verdict in favor of defendant.

Defendant makes a rather convincing argument that plaintiff's injuries were not the result of any negligence on its...

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