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COLBY v. GIBBONS

No. 47970.

276 N.W.2d 170 (1979)

Eleanor COLBY, as Special Administratrix of the Estate of Earl William Nesler, Deceased, Appellant, v. William M. GIBBONS, Trustee of the Property of Chicago, Rock Island and Pacific Railroad Company, Debtor, Respondent.

Supreme Court of Minnesota.

Rehearing Denied March 13, 1979.

Attorney(s) appearing for the Case

Rerat Law Firm and John C. Boylan, Minneapolis, for appellant.

Stringer, Donnelly, Courtney, Cowie & Rohleder and Charles A. Flinn, Jr., St. Paul, for respondent.

Heard before ROGOSHESKE, KELLY, and YETKA, JJ., and considered and decided by the court en banc.

YETKA, Justice.

This action is brought under the Federal Employers' Liability Act (FELA), 45 U.S. C.A., §§ 51-60, to recover damages sustained as a result of the injury and death of Earl W. Nesler, a carman employed by the Chicago, Rock Island and Pacific Railroad Company (Railroad). The matter was tried in Freeborn County District Court. By special verdict the jury found that the Railroad and Nesler were each 50 percent negligent and that Nesler's widow...

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