WABASH R. CO. v. JOHNSON

No. 14968.

211 F.2d 664 (1954)

WABASH R. CO. v. JOHNSON.

United States Court of Appeals, Eighth Circuit.

April 16, 1954.


Attorney(s) appearing for the Case

Wayne Ely, St. Louis, Mo. (J. H. Miller, R. B. Elster, and Ely & Ely, St. Louis, Mo., on the brief), for appellant.

William L. Clinton, St. Louis, Mo., for appellee.

Before SANBORN, THOMAS and JOHNSEN, Circuit Judges.


SANBORN, Circuit Judge.

On October 1, 1952, at about noon, Charles Johnson, an employee of the Fix Fuel and Material Company, of Jennings, Missouri, was directing the movement of a coal car which was being spotted for unloading at a conveyor pit of the Fix Company. The pit was under the rails of the team track upon which the car was being moved. Robert Schramm, eighteen years of age, was "inching" the car along with a pinch bar. Don Neely was on the top of the car...

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