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BAKER v. BALTIMORE & OHIO RAILROAD COMPANY

No. 73-2213.

502 F.2d 638 (1974)

Dennis W. BAKER, Plaintiff-Appellee, v. BALTIMORE & OHIO RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 29, 1974.

Attorney(s) appearing for the Case

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

C. Donald Heile, Cincinnati, Ohio, for plaintiff-appellee; Charles J. Kelly, Cunningham, Cunningham, Heile & Kelly, Cincinnati, Ohio, on briefs.

Before CELEBREZZE, McCREE, Circuit Judges, and WALINSKI, District Judge.

CELEBREZZE, Circuit Judge.

The Baltimore & Ohio Railroad Company appeals from a jury verdict and judgment awarding Appellee $86,500 in damages under the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51-60 (1972). Robert Kuntz and Dennis Baker inspected railroad cars for Appellant Baltimore & Ohio Railroad Company. On December 20, 1970, at approximately 3:00 a. m., they were on a lunch break inside the inspectors' shanty. Kuntz brought a target...

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