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DETROIT, T. & I. R. CO. v. BANNING

No. 10744.

173 F.2d 752 (1949)

DETROIT, T. & I. R. CO. v. BANNING.

United States Court of Appeals Sixth Circuit.

April 5, 1949.

Attorney(s) appearing for the Case

Henry C. Bogle, of Detroit, Mich. (Henry C. Bogle and Harold A. Johnson, both of Detroit, Mich. on the brief; Bodman, Longley, Bogle, Armstrong & Dahling, of Detroit, Mich., of counsel), for appellant.

Harrison T. Watson, of Detroit, Mich., and Lloyd T. Bailey, of Chicago, Ill. (Harrison T. Watson, of Detroit, Mich., and Lloyd T. Bailey, of Chicago, Ill., on the brief; Bailey & Lyons, of Chicago, Ill., of counsel), for appellee.

Before SIMONS, McALLISTER and MILLER, Circuit Judges.

MILLER, Circuit Judge.

The Appellant Railroad Company appeals from a judgment of the District Court in favor of the appellee in an action brought under the Federal Employers' Liability Act, 45 U.S.C.A. §§ 51-60. The principal issue presented is whether the charge of the District Judge to the jury correctly presented the issue of negligence under the evidence received by the jury.

Appellee Banning was employed by the Appellant in July, 1945 as a brakeman...

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