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BALTIMORE AND OHIO RAILROAD COMPANY v. LYKINS

No. 12055.

216 F.2d 129 (1954)

The BALTIMORE AND OHIO RAILROAD COMPANY, Appellant, v. James K. LYKINS, Appellee.

United States Court of Appeals Sixth Circuit.

October 27, 1954.

Attorney(s) appearing for the Case

Dwight B. Buss, Cleveland, Ohio (William F. Marsteller, Baker, Hostetler & Patterson, Cleveland, Ohio, on the brief), for appellant.

Carl J. Gugler, Galion, Ohio, for appellee.

Before SIMONS, Chief Judge, and ALLEN and STEWART, Circuit Judges.

PER CURIAM.

This appeal arises from an action for personal injuries under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., the sole litigated issue in which was as to the amount of damages. The case was tried to a jury and resulted in a judgment of $40,000 for appellee.

During the course of the trial, a Dr. Kackley was called by appellee, appellee having previously testified that Dr. Kackley had...

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