ADAMSON v. MIDLAND VALLEY RAILROAD COMPANY

No. 8749.

384 F.2d 341 (1967)

Randy D. ADAMSON, a Minor, by and through his Guardian, Union National Bank of Wichita, Appellant, v. MIDLAND VALLEY RAILROAD COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied December 5, 1967.


Attorney(s) appearing for the Case

Emmet A. Blaes, Wichita, Kan. (Roetzel Jochems, Robert G. Braden, J. Francis Hesse, James W. Sargent, Stanley E. Wisdom, Cecil E. Merkel, Harry L. Hobson, Bruce W. Zuercher, L. D. Klenda, Charles M. Cline, Richard A. Loyd, Stephen M. Blaes and Jack S. Ramirez, Wichita, Kan., on the brief) for appellant.

Donald R. Newkirk, Wichita, Kan. (Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Gerrit H. Wormhoudt, Philip Kassebaum, John E. Rees, Robert T. Cornwell and Willard B. Thompson, Wichita, Kan., on the brief) for appellee.

Before PHILLIPS, LEWIS and HILL, Circuit Judges.


HILL, Circuit Judge.

Appellant sued below to recover from appellee damages for injuries sustained when the car in which he was riding ran into appellee's train at a crossing in Arkansas City, Kansas. There were two jury trials. In the first, the jury rendered a verdict against appellee, awarding appellant $47,224.70. The court then denied appellee's motion for a directed verdict but granted its motion for a new trial on the ground that the court had misinstructed...

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