CHICAGO, ROCK ISLAND & PACIFIC R. CO. v. FLEISCHMAN

No. 14670.

204 F.2d 799 (1953)

CHICAGO, ROCK ISLAND & PACIFIC R. CO. v. FLEISCHMAN.

United States Court of Appeals Eighth Circuit.

June 19, 1953.


Attorney(s) appearing for the Case

B. A. Webster, Jr., Des Moines, Iowa (R. L. Read and A. B. Howland, Des Moines, Iowa, on the brief), for appellant.

Frank B. Comfort, Des Moines, Iowa (Frank J. Comfort and George P. Comfort, Des Moines, Iowa, on the brief), for appellee.

Before SANBORN, JOHNSEN, and RIDDICK, Circuit Judges.


RIDDICK, Circuit Judge.

On February 27, 1951, the appellee, a physician and surgeon of Des Moines, Iowa, was a passenger on one of appellant's passenger trains en route from Des Moines, Iowa, to Rock Island, Illinois, occupying a front seat in one of the coaches of the train. About an hour after the train had left Des Moines, a dining car attendant appeared in the coach in which the appellee was sitting carrying a metal basket or tray containing sandwiches and other...

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