BAYNUM v. CHESAPEAKE AND OHIO RAILWAY COMPANY

No. 71-1814.

456 F.2d 658 (1972)

Eugene BAYNUM, Plaintiff-Appellee, v. CHESAPEAKE AND OHIO RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

March 10, 1972.


Attorney(s) appearing for the Case

James L. O'Connell, Cincinnati, Ohio, for defendant-appellant; Lindhorst & Dreidame, Cincinnati, Ohio, of counsel.

Philip J. Schneider, Cincinnati, Ohio, for plaintiff-appellee; Jerome T. Anderson and O. C. Adamson, II, Minneapolis, Minn., on brief, Waite, Schindel, Bayless & Schneider, Cincinnati, Ohio, DeParcq, Anderson, Perl & Hunegs, Minneapolis, Minn., of counsel.

Before EDWARDS, CELEBREZZE, and McCREE, Circuit Judges.


McCREE, Circuit Judge.

The railway company appeals from a judgment entered upon a jury verdict in the amount of $47,500 in favor of Eugene Baynum, one of its employees. Appellee brought suit under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq., alleging that he suffered permanent injury on March 31, 1967, as a result of an unsafe condition which his employer negligently allowed to exist at his place of employment, Stevens Yard, in Silver Grove,...

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