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SELBY v. CHESAPEAKE & OHIO RY. CO.

Gen. No. 46,826.

11 Ill. App.2d 395 (1956)

137 N.E.2d 657

Mozelle Selby, Executrix of Estate of Morris C. Selby, Appellee, v. Chesapeake and Ohio Railway Co., Appellant.

Appellate Court of Illinois — First District, Third Division.

Rehearing denied November 7, 1956.

Released for publication November 8, 1956.

Attorney(s) appearing for the Case

Erwin W. Roemer, of Chicago, for appellant; Erwin W. Roemer, and Joseph P. Carr, both of Chicago, of counsel.

Henslee, Monek & Murray, of Chicago, for appellee; Walter N. Murray, and John J. Naughton, both of Chicago, of counsel.

JUDGE LEWE delivered the opinion of the court.

This is an action under the Federal Employer's Liability Act (45 U.S.C.A. § 51) and the Safety Appliance and Equipment Act (45 U.S.C.A. § 11) for injuries to, and the subsequent death of Morris C. Selby, defendant's brakeman, alleged to have resulted from the failure of a hand brake to work efficiently. There was a verdict and judgment in plaintiff's favor for $25,000. Defendant appeals.

Plaintiff's...

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