STARK v. CHICAGO, NORTH SHORE & MILWAUKEE RY. CO.

No. 10692.

203 F.2d 786 (1953)

STARK v. CHICAGO, NORTH SHORE & MILWAUKEE RY. CO. Appeal of STARK.

United States Court of Appeals Seventh Circuit.

April 29, 1953.


Attorney(s) appearing for the Case

Joseph Lustfield, Chicago, Ill., for appellant.

Louis G. Davidson, Seymour J. Frank, James J. Magner, Charles R. Sprowl, Benjamin B. Goldberg and Arthur Ryan, all of Chicago, Ill., for appellee.

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


DUFFY, Circuit Judge.

This is a death action under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., brought by the administratrix, the widow of the deceased, for the benefit of herself and the 13½ year old son of the deceased by a former marriage.

Before the case was called on the morning of the third day of the trial, the attorney for the defendant unexpectedly made an offer of settlement, and when court opened the judge was advised...

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