QUIRK v. NEW YORK, C. & ST. L.R. CO.

No. 10334.

189 F.2d 97 (1951)

QUIRK v. NEW YORK, C. & ST. L. R. CO.

United States Court of Appeals Seventh Circuit.

Decided May 25, 1951.


Attorney(s) appearing for the Case

Paul M. Butler, Roland Obenchain, Jr., South Bend, Ind., Earl W. Shoemaker, Toledo, Ohio, for appellant.

Russell P. Harker, Frankfort, Ind., George N. Beamer, South Bend, Ind., for appellee. W. F. West, Cleveland, Ohio, Crumpacker, May, Beamer, Levy & Searer, Levy & Searer, South Bend, Ind., Harker & Irwin, Frankfort, Ind., of counsel.

Before MAJOR, Chief Judge, and DUFFY and SWAIM, Circuit Judges.


MAJOR, Chief Judge.

This is an action under the Federal Employers' Liability Act, 45 U.S.C.A. § 59, to recover damages for the death of plaintiff's decedent. The cause was submitted to a jury, which returned a verdict in favor of the plaintiff. During the course of the trial, defendant at appropriate times moved to dismiss the complaint for lack of jurisdiction. Such motions were denied by the court, with reservation. Subsequent to the jury verdict, defendant...

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