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

No. 15102.

217 F.2d 279 (1954)

CHICAGO, ROCK ISLAND & PACIFIC RAILROAD COMPANY, a corporation, Appellant, v. George W. LINT, Appellee.

United States Court of Appeals Eighth Circuit.

November 19, 1954.


Attorney(s) appearing for the Case

Philip Stringer, St. Paul, Minn. (Robert O. Sullivan, Arthur J. Donnelly and R. Paul Sharood, St. Paul, Minn., on brief), for appellant.

Donald A. Chapman, Jr., Minneapolis, Minn. (Davis, Rerat, Yaeger & Lush, Minneapolis, Minn., Harry H. Peterson and Robert M. Austin, Minneapolis, Minn., on brief), for appellee.

Before GARDNER, Chief Judge, and WOODROUGH and VAN OOSTERHOUT, Circuit Judges.


VAN OOSTERHOUT, Circuit Judge.

This action is for personal injuries and admittedly arises under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq. Plaintiff (appellee) was a brakeman on defendant's railroad and at the time of the collision was serving on a freight train crew delivering cattle at Walnut, Iowa. His duty was to signal the engineer to enable proper spotting of cars at the unloading chute. He was standing on a stock unloading platform...

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