BOWDEN v. DENVER & RIO GRANDE WESTERN RAILROAD CO.

No. 8054.

3 Utah 2d 444 (1955)

286 P.2d 240

CLIFTON M. BOWDEN, PLAINTIFF AND RESPONDENT, v. THE DENVER & RIO GRANDE WESTERN RAILROAD COMPANY, A CORPORATION, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

June 30, 1955.


Attorney(s) appearing for the Case

Van Cott, Bagley, Cornwall & McCarthy, Clifford L. Ashton, Leonard J. Lewis, Salt Lake City, for appellant.

Rawlings, Wallace, Roberts & Black, Salt Lake City, for respondent.


CROCKETT, Justice.

Clifton M. Bowden, brakeman, fell and and was injured as he attempted to alight from defendant's engine cab to attend to a switch. He brought this action under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq. The verdict went against him and the trial court granted a motion for a new trial. This is an intermediate appeal, allowed by this court because it was represented that a review of such ruling may obviate another trial and...

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