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SWARTZ v. NEW YORK CENTRAL RAILROAD COMPANY

No. 14105.

323 F.2d 713 (1963)

Fred SWARTZ, Plaintiff-Appellant, v. NEW YORK CENTRAL RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

October 2, 1963.

Attorney(s) appearing for the Case

David L. Matthews, South Bend, Ind., for appellant.

Louis C. Chapleau, South Bend, Ind., Richard O. Olson, Chicago, Ill., Arthur J. Perry, South Bend, Ind., for appellee.

Before HASTINGS, Chief Judge, and KILEY and SWYGERT, Circuit Judges.

SWYGERT, Circuit Judge.

Plaintiff-appellant, Fred Swartz, brought this action against defendant-appellee, New York Central Railroad Company, for damages under the Federal Employers' Liability Act. His claim is based upon an injury to his knee he received on November 22, 1956, while employed by the railroad as a supervisor in the train yard at Elkhart, Indiana. He claims the railroad was negligent in failing to exercise reasonable care to provide him a safe place to...

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