MURRAY v. DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY

No. 5164.

229 F.2d 644 (1956)

P. V. MURRAY, Appellant, v. The DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

January 11, 1956.


Attorney(s) appearing for the Case

C. C. Patterson, Ogden, Utah (Patterson & Kunz, Ogden, Utah, on the brief). for appellant.

Clifford L. Ashton, Salt Lake City, Utah (S. N. Cornwall and Donald E. Schwinn, Salt Lake City, Utah, on the brief), for appellee.

Before PHILLIPS, Chief Judge, and MURRAH and PICKETT, Circuit Judges.


MURRAH, Circuit Judge.

This is an appeal from a judgment on a directed verdict for the defendant railroad, entered at the conclusion of plaintiff's evidence, in a personal injury action brought by Murray, an employee of the railroad, under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq.

Murray, a switch-foreman for the appellee railroad in Durango, Colorado, was injured while engaged in a switching movement during the night shift. The undisputed...

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