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FLEMING v. HUSTED

No. 13562.

164 F.2d 65 (1947)

FLEMING et al. v. HUSTED.

Circuit Court of Appeals, Eighth Circuit.

October 27, 1947.

Attorney(s) appearing for the Case

Alden B. Howland, of Des Moines, Iowa (Ralph L. Read, of Des Moines, Iowa, on the brief), for appellants.

Walter F. Maley, of Des Moines, Iowa (Davis, Michel, Yaeger & McGinley, of Minneapolis, Minn., on the brief), for appellee.

Before SANBORN, THOMAS, and JOHNSEN, Circuit Judges.

JOHNSEN, Circuit Judge.

The action is one under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., for negligence in the maintenance of a depot platform. A brakeman sued the trustees in reorganization of the Chicago, Rock Island and Pacific Railway Company for injuries received as he was undertaking to alight from a moving freight train onto the depot platform at Van Meter, Iowa, in order to get the "switch list". He claimed to have caught his foot...

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