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APPERWHITE v. ILLINOIS CENTRAL RAILROAD COMPANY

No. 15602.

239 F.2d 306 (1957)

Hattie APPERWHITE, Appellant, v. ILLINOIS CENTRAL RAILROAD COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

January 2, 1957.

Attorney(s) appearing for the Case

Charles R. Oldham, St. Louis, Mo. (Fred M. Nelson, St. Louis, Mo., was with him on the brief), for appellant.

William R. Gentry, St. Louis, Mo. (Herbert E. Bryant, Arnot L. Sheppard, St. Louis, Mo., Joseph H. Wright and Herbert J. Deany, Chicago, Ill., were with him on the brief), for appellee.

Before SANBORN, JOHNSEN and WHITTAKER, Circuit Judges.

WHITTAKER, Circuit Judge.

Appellant, Hattie Apperwhite, claiming to have been injured by a sudden, violent and unusual jerk of an Illinois Central train while a passenger thereon in August, 1953, brought this suit against that company for damages. The case was twice tried to a jury. In the first trial the jury was unable to agree, and a mistrial was declared. In the second trial the jury returned a verdict for (defendant) appellee. Judgment accordingly was entered...

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