FUNSETH v. GREAT NORTHERN RAILWAY COMPANY

No. 21793.

399 F.2d 918 (1968)

Robert G. FUNSETH, Appellant, v. GREAT NORTHERN RAILWAY COMPANY, Appellee.

United States Court of Appeals Ninth Circuit.

September 12, 1968.


Attorney(s) appearing for the Case

Carlton R. Reiter (argued), of Reiter, Day & Wall, Portland, Or., Huntington & Borders, Kelso, Wash., for appellant.

Lawrence D. Silvernale (argued), R. Paul Tjossem, Seattle, Wash., Hugh A. Dressel, Spokane, Wash., for appellee.

Before BARNES and CARTER, Circuit Judges, and SWEIGERT, District Judge.


SWEIGERT, District Judge:

This is an action for damages, brought under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq., by appellant, a railroad brakeman-conductor, against his employer, Great Northern Railway Company, for on-duty injuries sustained by appellant. Plaintiff and appellant appeals from the judgment entered against plaintiff upon a jury verdict in favor of defendant railroad.

The F.E.L.A. 45 U.S.C. § 51, provides:

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