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FREED v. ERIE LACKAWANNA RAILWAY COMPANY

No. 20872.

445 F.2d 619 (1971)

Floyd W. FREED, III, Plaintiff-Appellant, v. The ERIE LACKAWANNA RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

July 16, 1971.

Attorney(s) appearing for the Case

C. Richard Grieser, Columbus, Ohio, for plaintiff-appellant; Tyler, Richards, Grieser & Schafer, Columbus, Ohio, on brief.

Robert C. McFadden, Cleveland, Ohio, for defendant-appellee; Arter & Hadden, Cleveland, Ohio, on brief.

Before PECK, BROOKS and KENT, Circuit Judges.

BROOKS, Circuit Judge.

Plaintiff-appellant, Floyd W. Freed, III, brought this action under the Federal Employers' Liability Act against defendant-appellee, Erie Lackawanna Railway Company, for personal injuries sustained when he was struck by a train. This appeal follows a jury verdict for the defendant.

At the time plaintiff was injured, he was the head brakeman on a freight train running from Cleveland to Youngstown, Ohio. The accident occurred in the North...

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