CHICAGO, ROCK ISLAND & PACIFIC RAILROAD CO. v. GILL

No. 14941.

217 F.2d 195 (1954)

CHICAGO, ROCK ISLAND & PACIFIC RAILROAD COMPANY, v. T. L. GILL.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 14, 1955.


Attorney(s) appearing for the Case

R. A. Wilson, Underwood, Wilson, Sutton, Heare & Boyce, Amarillo, Tex., F. B. Walker, Thompson, Walker, Smith & Shannon, Fort Worth, Tex., for appellant.

Denning Schattman, Davis, Schattman & Lewis, Fort Worth, Tex., for appellee.

Before HUTCHESON, Chief Judge, and BORAH and RIVES, Circuit Judges.


RIVES, Circuit Judge.

This appeal is from a judgment entered upon a jury's verdict for the plaintiff in an action brought under the Federal Employers' Liability Act, 45 U.S. C.A. § 51 et seq. Appellant contends that the district court erred in denying its motion for a directed verdict and for judgment non obstante veredicto on the grounds that the evidence did not make a fact issue with respect to either: (a) failure of defendant to exercise reasonable...

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