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

No. 13558.

164 F.2d 55 (1947)

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

Circuit Court of Appeals, Eighth Circuit.

October 27, 1947.


Attorney(s) appearing for the Case

Alfred E. Rietz, of St. Paul, Minn. (Lowell Hastings, of Chicago, Ill., on the brief), for appellant.

Sidney S. Feinberg, of Minneapolis, Minn. (Tom Davis and Carl L. Yaeger, both of Minneapolis, Minn., on the brief), for appellee.

Before SANBORN, THOMAS and JOHNSEN, Circuit Judges.


JOHNSEN, Circuit Judge.

The appeal is from a judgment recovered by a brakeman against the Chicago and North Western Railway Company, on a jury trial, under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., for injuries sustained in a derailment.

The train involved was a passenger train of 16 cars running from Chicago to Omaha. The derailment occurred about 3½ miles west of Colo, Iowa. The last 6 cars of the train and the rear wheels...

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