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McNAUGHTON v. NEW YORK CENTRAL RAILROAD COMPANY

No. 11214.

220 F.2d 835 (1955)

Frederick H. McNAUGHTON, Plaintiff-Appellee, v. The NEW YORK CENTRAL RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied April 11, 1955.

Attorney(s) appearing for the Case

Marvin A. Jersild, Chicago, Ill., Joseph J. Daniels, Karl J. Stipher, Byron P. Hollett, Indianapolis, Ind., Baker & Daniels, Indianapolis, Ind., of counsel, for appellant.

James J. Stewart, Elbert R. Gilliom, Richard L. Gilliom, Indianapolis, Ind., Murray, Mannon, Fairchild & Stewart and Gilliom, Armstrong & Gilliom, Indianapolis, Ind., of counsel, for appellee.

Before DUFFY, Chief Judge, and LINDLEY and SCHNACKENBERG, Circuit Judges.

LINDLEY, Circuit Judge.

Plaintiff sued to recover damages for personal injuries incurred in a collision between a passenger train operated by defendant and a tractor-trailer which he was driving, as employee of Ellis Trucking Company, Inc., hereinafter referred to as Ellis or plaintiff's employer. Defendant counterclaimed for the damage to its locomotive in the same collision. A jury found for plaintiff on both complaint and counter-claim. Defendant appeals from the...

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