PERESIPKA v. ELGIN, JOLIET AND EASTERN RAILWAY CO.

No. 11138.

217 F.2d 182 (1954)

Alex PERESIPKA, Plaintiff-Appellee, v. ELGIN, JOLIET AND EASTERN RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied December 14, 1954.


Attorney(s) appearing for the Case

Harlan L. Hackbert, Stevenson, Conaghan, Velde & Hackbert, Chicago, Ill., of counsel, Glenn D. Peters, Peters & Highland, Hammond, Ind., for appellant.

Oscar C. Strom, Strom & Whitted, of counsel, Hoy D. Davis, Gary, Ind., for appellee.

Before MAJOR, SWAIM, and SCHNACKENBERG, Circuit Judges.


SCHNACKENBERG, Circuit Judge.

This is an action brought under the Federal Employers' Liability Act, 45 U.S. C.A. § 51 et seq., to recover damages for injuries claimed to have resulted when a truck driven by a fellow worker backed into plaintiff, a tractor driver employed at defendant's Gary, Indiana Kirk Yard, as he was waiting for his tractor to be filled with gasoline at the start of his day's work on June 12, 1948. There was a trial before the court and a...

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