LONG v. UNION PACIFIC R. CO.

No. 4269.

192 F.2d 788 (1951)

LONG v. UNION PACIFIC R. CO.

United States Court of Appeals Tenth Circuit.

November 1, 1951.


Attorney(s) appearing for the Case

Joseph H. McDowell, Kansas City, Kan. (Harry Miller, Jr., Kansas City, Kan., on the brief), for appellant.

N. E. Snyder, Kansas City, Kan., and O. B. Eidson, Topeka, Kan. (Philip H. Lewis and James W. Porter, Topeka, Kan., on the brief), for appellee.

Before BRATTON, HUXMAN and MURRAH, Circuit Judges.


MURRAH, Circuit Judge.

This is an appeal from a defendant's judgment in the United States District Court of Kansas, in a personal injury suit brought by an employee of the Union Pacific Railroad under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq. At the conclusion of the plaintiff's evidence the court sustained the Railroad's motion for a directed verdict on the grounds that plaintiff, relying upon res ipsa loquitur, had failed to prove his case...

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