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CARDWELL v. CHESAPEAKE & OHIO RAILWAY CO.

No. 73-1904.

504 F.2d 444 (1974)

Helen S. CARDWELL, Administratrix of the Estate of Winfred M. Cardwell, Deceased, Plaintiff-Appellee, v. The CHESAPEAKE & OHIO RAILWAY CO., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided October 17, 1974.

Attorney(s) appearing for the Case

James L. O'Connell, Cincinnati, Ohio, for defendant-appellant.

Philip J. Schneider, Waite, Schindel, Bayless & Schneider, Cincinnati, Ohio, Wm. H. DeParcq, O. C. Adamson, II, DeParcq, Anderson, Perl & Hunegs, Minneapolis, Minn., for plaintiff-appellee.

Before EDWARDS, McCREE and MILLER, Circuit Judges.

McCREE, Circuit Judge.

This is an appeal from an order overruling a reserved motion for a directed verdict in a Federal Employers' Liability Act (FELA) action, 45 U.S.C. § 51 et seq., to recover damages for injury and for wrongful death. The jury awarded $10,500, adjusted for contributory negligence, on the claim for injury, but was unable to decide whether death was caused by the injury. This appeal requires us to decide whether there was sufficient competent...

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