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RAYCRAFT v. DULUTH, MISSABE AND IRON RANGE RAILWAY CO.

No. 72-1049.

472 F.2d 27 (1973)

Blair H. RAYCRAFT, Appellee, v. DULUTH, MISSABE AND IRON RANGE RAILWAY COMPANY, a corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 16, 1973.

Attorney(s) appearing for the Case

William O'Brien, Duluth, Minn., for appellant.

Mary Jeanne Coyne, Minneapolis, Minn., for appellee.

Before MATTHES, Chief Judge, MEHAFFY, Circuit Judge, and VAN PELT, Senior District Judge.

VAN PELT, Senior District Judge.

This is an action for personal injury brought under the Federal Employers' Liability Act. Plaintiff, Raycraft, alleged that he was riding in the caboose of a train as a conductor and that as a result of the sudden stop of the train he was thrown to the floor and injured when another employee fell on his back. At the trial the defendant railroad (DM & I) admitted its negligence in the emergency stop. The factual issues were, therefore...

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