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BAUM v. BALTIMORE & OHIO RAILROAD COMPANY

No. 12257.

256 F.2d 753 (1958)

Emily BAUM, Administratrix of the Estate of Floyd Brown, Deceased, Plaintiff-Appellant, v. The BALTIMORE & OHIO RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied July 29, 1958.

Attorney(s) appearing for the Case

Justin Waitkus, Anthony J. Cefali, Gary, Ind., Sackett, Pyatt & Waitkus, Gary, Ind., of counsel, for appellant.

Charles G. Bomberger, Hammond, Ind., Richard F. Benne, Hammond, Ind., Bomberger, Wilson, Crites & Belshaw, Hammond, Ind., of counsel, for appellee.

Before DUFFY, Chief Judge, and FINNEGAN and PARKINSON, Circuit Judges.

PARKINSON, Circuit Judge.

This action under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq. originated by complaint in the District Court charging the defendant with failure to provide Floyd Brown, the plaintiff's decedent, with a safe place to work and to operate its trains in a careful and prudent manner on Saturday, September 12, 1953.

At the conclusion of the plaintiff's case the District Court...

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