FRIZZELL v. WABASH R. CO.

No. 14534.

199 F.2d 153 (1952)

FRIZZELL v. WABASH R. CO.

United States Court of Appeals Eighth Circuit.

Rehearing Denied November 5, 1952.


Attorney(s) appearing for the Case

Robert L. Robertson and Fred J. Freel, Kansas City, Mo., for appellant.

David R. Hardy, Kansas City, Mo. (J. H. Miller, St. Louis, Mo., John S. Marley, Sam B. Sebree, and Sebree, Shook, Hardy & Ottman, Kansas City, Mo., on the brief), for appellee.

Before SANBORN, RIDDICK, and COLLET, Circuit Judges.


COLLET, Circuit Judge.

The plaintiff-appellant appeals from a judgment entered upon a directed verdict for defendant in an action for damages for personal injuries brought under the Federal Employers' Liability Act, 45 U.S. C.A. § 51 et seq. The cause of action is predicated upon the alleged negligence of the defendant railroad company:

1. In furnishing and maintaining setoffs with insufficient space for parking work cars used by crews of section hands...

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