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HENWOOD v. COBURN

No. 13613.

165 F.2d 418 (1948)

HENWOOD v. COBURN.

Circuit Court of Appeals, Eighth Circuit.

January 15, 1948.

Attorney(s) appearing for the Case

Wayne Ely, of St. Louis, Mo. (John W. Murphy, of St. Louis, Mo., on the brief), for appellant.

Roberts P. Elam, of St. Louis, Mo. (Joseph B. McGlynn of East St. Louis, Ill., on the brief), for appellee.

Before GARDNER, THOMAS, and JOHNSEN, Circuit Judges.

JOHNSEN, Circuit Judge.

The administratrix of James F. Coburn's estate sued the trustee of the St. Louis Southwestern Railway Company (commonly known as the "Cottonbelt") under the Federal Employers' Liability Act, § 1 et seq., 45 U.S.C.A. § 51 et seq., for negligence causing Coburn's death. The defense was a denial of negligence and a charge that the death was due solely to Coburn's own lack of care, failure to perform his duties and violation of company...

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