GRISWOLD v. GARDNER

No. 8936.

155 F.2d 333 (1946)

GRISWOLD v. GARDNER.

Circuit Court of Appeals, Seventh Circuit.

May 15, 1946.


Attorney(s) appearing for the Case

Attorneys for Henry A. Gardner, as Trustee of the railroads and properties of The Alton Railroad Company.

Douglas C. Moir and Edward J. Wendrow, both of Chicago, Ill. (Winston, Strawn & Shaw, of Chicago, Ill., of counsel), for appellant.

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

Before MAJOR and KERNER, Circuit Judges, and LINDLEY, District Judge.


MAJOR, Circuit Judge.

This is an appeal from a judgment in favor of plaintiff in an action to recover damages under the Federal Employers Liability Act, 45 U.S.C.A. § 51 et seq., occasioned by the death of plaintiff's decedent resulting from the alleged negligence of defendant during a switching operation in defendant's yard at Bloomington, Illinois. The errors relied on are (1) the court's refusal to direct a verdict in favor of defendant and (2) the giving...

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