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STURM v. CHICAGO & N. W. RY. CO.

No. 13337.

157 F.2d 407 (1946)

STURM v. CHICAGO & N. W. RY. CO.

Circuit Court of Appeals, Eighth Circuit.

September 30, 1946.

Attorney(s) appearing for the Case

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

Warren Newcome, of St. Paul, Minn. (Alfred E. Rietz, of St. Paul, Minn., and Nye F. Morehouse, of Chicago, Ill., on the brief), for appellee.

Before SANBORN, THOMAS, and JOHNSEN, Circuit Judges.

PER CURIAM.

Gustav C. Sturm (who will be referred to as plaintiff), while employed by the defendant Railway Company (appellee) as a brakeman in Chicago, Illinois, fell from the top of a box car and was injured. He brought this action under the Federal Employers' Liability Act, 45 U.S.C.A. §§ 51-60, to recover damages for his injuries. In his complaint the plaintiff charged that the Railway Company was negligent in failing to equip the car from which he fell...

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