TERMINAL R. ASS'N OF ST. LOUIS v. FITZJOHN

No. 13580.

165 F.2d 473 (1948)

TERMINAL R. ASS'N OF ST. LOUIS v. FITZJOHN.

Circuit Court of Appeals, Eighth Circuit.

As Modified on Denial of Rehearing February 17, 1948.


Attorney(s) appearing for the Case

Arnot L. Sheppard, of St. Louis, Mo. (George P. Mueller, of St. Louis, Mo., on the brief), for appellant.

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

Before SANBORN, WOODROUGH, and COLLET, Circuit Judges.


COLLET, Circuit Judge.

In an action brought under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., the plaintiff recovered a judgment for personal injuries. From that judgment this appeal is prosecuted. The parties will be referred to as they were designated in the trial court.

Plaintiff was seriously injured on the night of June 10, 1943, while he was in the performance of his duties as foreman of a switch crew engaged in switching railroad...

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