IANNACITO v. DENVER & RIO GRANDE WESTERN RAILROAD

No. 8743.

380 F.2d 1019 (1967)

John IANNACITO, Appellant, v. DENVER & RIO GRANDE WESTERN RAILROAD, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

June 28, 1967.


Attorney(s) appearing for the Case

Harvey P. Wallace, Denver, Colo., and Eugene A. Rerat, Minneapolis, Minn., of counsel, submitted a brief for appellant.

John S. Walker, Jr., Ernest Porter and K. D. Barrows, Jr., Denver, Colo., submitted a brief for appellee.

Before MURRAH, Chief Judge, and PICKETT and BREITENSTEIN, Circuit Judges.


BREITENSTEIN, Circuit Judge.

This appeal is from a judgment entered on a jury verdict for the defendant in a suit under the Federal Employers' Liability Act, 45 U.S.C. §§ 51-60. The only claim of error relates to the instructions.

Appellant-plaintiff was a carman employed by the appellee-defendant railroad. In 1961, while inspecting a train he twisted his ankle. Subsequently he developed back pains which continue to prevent him from working. He claims...

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