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PAYNE v. BALTIMORE AND OHIO RAILROAD COMPANY

No. 14564.

309 F.2d 546 (1962)

Nadine PAYNE, Administratrix of the Estate of Ralph T. Payne, Deceased, Plaintiff-Appellee, v. The BALTIMORE AND OHIO RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

October 31, 1962.

Attorney(s) appearing for the Case

Alexander H. Hadden, Cleveland, Ohio (Baker, Hostetler & Patterson, Dwight B. Buss, Alexander H. Hadden, Cleveland, Ohio, on the brief), for appellant.

Craig Spangenberg, Cleveland, Ohio (Spangenberg, Hasenflue & Shibley, Cleveland, Ohio, William J. Curry, Ironton, Ohio, on the brief), for appellee.

Before O'SULLIVAN, Circuit Judge, and BOYD and THORNTON, District Judges.

THORNTON, District Judge.

This is a Federal Employers' Liability Act case in which defendant, The Baltimore and Ohio Railroad Company, appeals from a verdict and judgment against it in the amount of $136,267.23, plus costs. Plaintiff is the administratrix of the estate of Ralph T. Payne whose death was caused by the accident which is the subject matter of this case.

The four questions involved in this appeal, as stated by defendant, fall into two categories...

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