CHICAGO & NORTH WESTERN RAILWAY COMPANY v. RIEGER

No. 17292.

326 F.2d 329 (1964)

CHICAGO & NORTH WESTERN RAILWAY COMPANY, Appellant, v. Arthur J. RIEGER, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied February 27, 1964.


Attorney(s) appearing for the Case

Philip Stringer, St. Paul, Minn., made argument for appellant and filed brief with Arthur J. Donnelly, R. Paul Sharood and Edward C. Stringer, St. Paul, Minn.

R. T. Rodenberg, New Ulm, Minn., made argument for appellee and filed brief with Robert J. Berens, New Ulm, Minn.

Before VAN OOSTERHOUT and BLACKMUN, Circuit Judges, and HANSON, District Judge.


HANSON, District Judge.

This action was brought under the Federal Employers' Liability Act to recover for injuries received by the appellee, a railroad employee, near Revillo, South Dakota. The action is predicated on the negligence of the appellant railway company.

The accident occurred when a large wooden beam was being loaded on to some track cars. Appellee was a part of the crew performing this operation. The track was a single one running east and west...

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