MARSH v. ILLINOIS CENT. R. CO.

No. 12601.

175 F.2d 498 (1949)

MARSH v. ILLINOIS CENT. R. CO. ILLINOIS CENT. R. CO. v. MARSH.

United States Court of Appeals Fifth Circuit.

July 8, 1949.


Attorney(s) appearing for the Case

E. L. Brunini, Vicksburg, Miss., and Frank E. Everett, Jr., Vicksburg, Miss., for appellant and cross-appellee.

R. L. Dent, Vicksburg, Miss., and William F. McGehee, Vicksburg, Miss., for appellee and cross-appellant.

Before HUTCHESON, SIBLEY and WALLER, Circuit Judges.


SIBLEY, Circuit Judge.

Marsh, called herein appellant, a fireman on a switch engine, sued for a personal injury alleged to have been caused by negligence in maintaining the switching track and the apron covering the coupling between the engine and tender, on which apron he stood in firing. At the conclusion of the evidence the defendant's motion for an instructed verdict was denied, and a verdict for plaintiff was returned. The defendant then moved for a judgment...

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