HEATER v. CHESAPEAKE AND OHIO RAILWAY COMPANY

No. 73-1133.

497 F.2d 1243 (1974)

Francis V. HEATER, Plaintiff-Appellee, v. The CHESAPEAKE AND OHIO RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 5, 1974.


Attorney(s) appearing for the Case

John H. Gobel, James R. Gannon, Chicago, Ill., for defendant-appellant.

David P. Schippers, Chicago, Ill., for plaintiff-appellee.

Before CLARK, Associate Justice, and CUMMINGS and PELL, Circuit Judges.


PELL, Circuit Judge.

Francis Heater, plaintiff-appellee, brought this action to recover damages for personal injuries under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq. The jury awarded damages to the plaintiff in the amount of $100,000. The defendant, the Chesapeake and Ohio Railway Company, appeals.

Viewing the evidence, as we must, from the point of view most favorable to the party prevailing on trial, it fairly establishes the following...

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