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WABASH RAILROAD COMPANY v. HARTOG

No. 15945.

257 F.2d 401 (1958)

WABASH RAILROAD COMPANY, Appellant, v. Sylvester HARTOG, Appellee.

United States Court of Appeals Eighth Circuit.

July 21, 1958.

Attorney(s) appearing for the Case

Charles P. Lippert, St. Louis, Mo. (John L. Davidson, Jr., St. Louis, Mo., was with him on the brief), for appellant.

William R. Kirby, St. Louis, Mo. (Milton F. Napier, St. Louis, Mo., was with him on the brief), for appellee.

Before SANBORN, WOODROUGH and VAN OOSTERHOUT, Circuit Judges.

WOODROUGH, Circuit Judge.

This appeal is from a judgment entered upon a jury verdict in favor of plaintiff in a personal injury action.

In his complaint plaintiff alleged that on July 17th, 1956, defendant delivered to the Lincoln-Mercury plant in the County of St. Louis, Missouri, a certain boxcar, which it hauled over its tracks and line in Missouri, and to the Lincoln-Mercury plant to be used by said organization; that the boxcar was loaded with parts and...

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