WABASH R. CO. v. DAVIDSON

No. 10606.

168 F.2d 300 (1948)

WABASH R. CO. v. DAVIDSON.

Circuit Court of Appeals, Sixth Circuit.

May 24, 1948.


Attorney(s) appearing for the Case

Louis E. Burke, of Ann Arbor, Mich., and Walter A. Kleinert, of Detroit, Mich. (Louis E. Burke, of Ann Arbor, Mich., and Walter A. Kleinert, of Detroit, Mich., on brief), for appellant.

Elmer H. Groefsema, of Detroit, Mich. (Michael Wartell, Elmer H. Groefsema and Margaret Groefsema, all of Detroit, Mich., on brief), for appellee.

Before HICKS, SIMONS and MILLER, Circuit Judges.


MILLER, Circuit Judge.

The appellee, Robert Davidson, recovered a judgment in the District Court for $10,000 for personal injuries received while riding on a train being operated by the appellant. The appellant, in this appeal, makes the sole contention that Davidson was not a passenger on the train at the time of the accident.

Davidson was discharged from the Army on November 1, 1945 at Camp Grant, Illinois. He obtained...

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