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CHICAGO GREAT WESTERN RAILWAY COMPANY v. SMITH

No. 15398.

228 F.2d 180 (1955)

CHICAGO GREAT WESTERN RAILWAY COMPANY, a Corporation, Appellant, v. Guy P. SMITH, Appellee.

United States Court of Appeals Eighth Circuit.

December 28, 1955.

Attorney(s) appearing for the Case

Vance B. Grannis, South St. Paul, Minn. (Grannis & Grannis, South St. Paul, Minn., on the brief), for appellant.

Paul F. Clements, Minneapolis, Minn. (Davis, Rerat, Yaeger & Lush and Donald A. Chapman, Jr., Minneapolis, Minn., on the brief), for appellee.

Before SANBORN, JOHNSEN, and VAN OOSTERHOUT, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

The plaintiff (appellee) commenced this action under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., to recover damages from the defendant, a railroad admittedly engaged in interstate commerce, for injuries received while plaintiff was working for defendant as a brakeman on a freight train on June 17, 1953, at Tripoli, Iowa. The jury found for the plaintiff, and this is an appeal from final judgment based upon the...

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