CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD CO. v. EMERY

No. 15468.

233 F.2d 848 (1956)

CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, Appellant, v. William R. EMERY, Appellee.

United States Court of Appeals Eighth Circuit.

June 8, 1956.


Attorney(s) appearing for the Case

A. B. Howland, Des Moines, Iowa (B. A. Webster, Jr., Des Moines, Iowa, on the brief), for appellant.

Charles T. Hvass, Jr., Minneapolis, Minn. (Hvass, Weisman, Peterson, King & Schwappach, Minneapolis, Minn., on the brief), for appellee.

Before SANBORN, WOODROUGH and VOGEL, Circuit Judges.


SANBORN, Circuit Judge.

This is an appeal from a judgment for the plaintiff (appellee) entered upon the verdict of a jury in a personal injury action. Liability was admitted by the defendant (appellant), and the only issue in the case was the amount of damages attributable to the accident, the derailment on June 25, 1954, near Lincoln, Nebraska, of a passenger train of the defendant, in which the plaintiff was riding. He was thrown from his seat, suffered injury,...

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