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IRISH v. CENTRAL VERMONT RY.

No. 46, Docket 20642.

164 F.2d 837 (1947)

IRISH v. CENTRAL VERMONT RY., Inc.

Circuit Court of Appeals, Second Circuit.

December 9, 1947.

Attorney(s) appearing for the Case

Frederick W. Wakefield, Jr., of Burlington, Vt., for plaintiff-appellant.

H. H. Powers, of Rutland, Vt., for defendant-appellee.

Before SWAN, CHASE and CLARK, Circuit Judges.

CHASE, Circuit Judge.

This appeal is from a judgment of the District Court for the District of Vermont in a suit under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., by one of the defendant's employees to recover damages for personal injuries. The defendant answered the complaint by denying liability and pleading a general release. Issue was joined and the case went to trial by jury. At the close of all the evidence the court, relying upon Vermont...

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