TITTMAN v. GREAT NORTHERN RAILWAY COMPANY

No. 15479.

252 F.2d 793 (1958)

Elick D. TITTMAN, Appellant, v. GREAT NORTHERN RAILWAY COMPANY, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied March 31, 1958.


Attorney(s) appearing for the Case

Nels Peterson, Gerald H. Robinson, Portland, Or., Paul K. Cooney, Spokane, Wash., for appellant.

Clark A. Eckart, Woodrow L. Taylor, Seattle, Wash., Harry T. Davenport, Spokane, Wash., for appellee.

Before HEALY, POPE and CHAMBERS, Circuit Judges.


CHAMBERS, Circuit Judge.

Tittman, a brakeman, was injured in the Great Northern Hillyard yards at Spokane, Washington, on June 3, 1955. He was on duty as an employee of the company and tripped on a coil of small wire which was somewhat rusted and lying along the tracks where his duty took him. That he was injured by wire where he says he was is established. He asserts he was seriously injured, but the district judge who heard the evidence thought the injuries were...

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