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SICILIANO v. DENVER AND RIO GRANDE WESTERN R. CO.

No. 9378.

12 Utah 2d 183 (1961)

364 P.2d 413

JAMES SICILIANO, PLAINTIFF AND RESPONDENT, v. DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, A CORPORATION, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

August 24, 1961.

Attorney(s) appearing for the Case

Van Cott, Bagley, Cornwall & McCarthy, Grant Macfarlane, Jr., Clifford L. Ashton, Salt Lake City, for appellant.

George M. McMillan, Clarence M. Beck, Salt Lake City, for respondent.

HENRIOD, Justice.

Appeal from a verdict in favor of plaintiff for an on the job eye injury in a Federal Employers' Liability Act1 case. Reversed. Costs to defendant.

The injury occurred in September, 1952, at a time when plaintiff was about 53 years of age and had been working as a machinist for defendant for 30 years. Trial of the case came 8 years later in 1960.

On the day of the injury plaintiff was working on a steam...

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