LANDRETH v. WABASH R. CO.

No. 8889.

153 F.2d 98 (1946)

LANDRETH v. WABASH R. CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied February 7, 1946.


Attorney(s) appearing for the Case

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

Elmer W. Freytag and Kenneth B. Hawkins, both of Chicago, Ill., for appellee.

Before SPARKS, MAJOR, and KERNER, Circuit Judges.


SPARKS, Circuit Judge.

This action was brought under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., to recover damages for personal injuries resulting from alleged negligence of the defendant on August 18, 1942. The complaint was filed February 16, 1943, and alleged that both parties were engaged in interstate commerce at the time of the event.

The only error assigned is the court's overruling of plaintiff's motion to strike defendant...

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