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

No. 9233.

159 F.2d 576 (1947)

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

Circuit Court of Appeals, Seventh Circuit.

January 25, 1947.

Attorney(s) appearing for the Case

Earl S. Hodges and Duane L. Traynor, both of Springfield, Ill., for appellant.

Drennan J. Slater, Nye Morehouse and James B. O'Shaughnessy, all of Chicago, Ill., and O. P. Westervelt, of Peoria, Ill., for appellee.

Before SPARKS, MAJOR, and KERNER, Circuit Judges.

KERNER, Circuit Judge.

Plaintiff brought this action under the Federal Employers' Liability Act, 45 U.S. C.A. § 51 et seq., for personal injuries sustained in the operation of a crane in the loading of scrap steel into a railroad car while in defendant's employ. Defendant, in its answer to plaintiff's complaint, said it was not negligent and that plaintiff's injuries were caused by his own carelessness and negligence. Upon these issues the trial judge submitted...

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