KOOKER v. PITTSBURGH & LAKE ERIE RAILROAD CO.

No. 13357.

258 F.2d 876 (1958)

Donald E. KOOKER, Appellant, v. PITTSBURGH & LAKE ERIE RAILROAD COMPANY, Appellee.

United States Court of Appeals Sixth Circuit.

September 17, 1958.


Attorney(s) appearing for the Case

Reed S. Battin, Warren, Ohio (Battin & Downey, Warren, Ohio, on the brief), for appellant.

Richard B. Wilson, Youngstown, Ohio (Wilson & Wyatt, Youngstown, Ohio, on the brief), for appellee.

Before SIMONS, Chief Judge, MILLER, Circuit Judge, and CECIL, District Judge.


SIMONS, Chief Judge.

This appeal is from a judgment upon a directed verdict for the defendant in a suit by Kooker under the Federal Employers' Liability Act, 45 U.S.C.A. Sec. 51 et seq. There is no substantial dispute as to the facts and the sole question is whether a reasonable inference requires the submission of the issues to the jury.

The appellant was employed by the railroad as a yard helper in a switching crew consisting of an engineer, conductor, fireman...

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