ESTABROOK v. BUTTE, ANACONDA & PACIFIC RY. CO.

No. 11534.

163 F.2d 781 (1947)

ESTABROOK v. BUTTE, ANACONDA & PACIFIC RY. CO.

Circuit Court of Appeals, Ninth Circuit.

September 22, 1947.


Attorney(s) appearing for the Case

Frank J. Roe, A. G. Shone and H. L. Maury, all of Butte, Mont., for appellant.

W. H. Hoover, R. H. Glover, John V. Dwyer, J. T. Finlen, Jr., and Sam Stephenson, Jr., all of Butte, Mont., for appellee.

Before DENMAN, STEPHENS and ORR, Circuit Judges.


DENMAN, Circuit Judge.

This is an appeal from a judgment awarding appellant $8,000 in a suit for alleged negligence of the appellee railway company, brought under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq. A cross-appeal by the railway was stipulated by the parties to be ordered dismissed.

Appellant, appellee's employe in loading freight on its railway, is found by the district court to have been injured by the negligence of appellee...

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