SPAAK v. CHICAGO & NORTH WESTERN RAILWAY COMPANY

No. 11589.

231 F.2d 279 (1956)

Gertrude Houston SPAAK, Plaintiff-Appellee, v. CHICAGO AND NORTH WESTERN RAILWAY COMPANY, etc., Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied April 19, 1956.


Attorney(s) appearing for the Case

John H. Gobel, Edward Warden, Chicago, Ill., for appellant.

Herman B. Goldstein, J. Barry Fisher, Chicago, Ill., for appellee.

Before FINNEGAN, SWAIM and SCHNACKENBERG, Circuit Judges.


SCHNACKENBERG, Circuit Judge.

Defendant appeals from a judgment of the district court, based upon a jury verdict, in favor of plaintiff.

On April 2, 1917 plaintiff's right foot was injured when she attempted to climb between the cars of defendant's freight train at a highway crossing in Wisconsin. She was then 14 years of age. A compromise settlement was made and plaintiff's duly appointed guardian executed and delivered a release to the defendant, which provided...

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