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Clinchfield Railroad Company v. Erwin

United States Court of Appeals, Sixth Circuit
Nov 12, 1957
249 F.2d 719 (6th Cir. 1957)

Opinion

No. 13082.

November 12, 1957.

A.K. McIntyre, Erwin, Tenn., Ferdinand Powell, Jr., Johnson City, Tenn., for appellant.

John W. Cameron, Chattanooga, Tenn., for appellee.

Before MARTIN, McALLISTER and STEWART, Circuit Judges.


In this action brought by an employee of the appellant railroad company under the Federal Employers' Liability Act (U.S.C.A., Title 45, § 51 et seq.), judgment for $15,000 damages on the verdict of a jury was entered in the district court.

The appellant urges that the injuries received by the appellee were not in natural and probable consequence of the negligence of the carrier.

Upon consideration of the entire record in the case, we are of opinion that, applying the pertinent decisions of the Supreme Court of the United States in F.E.L.A. cases, there was substantial evidence to sustain the verdict of the jury. See Webb v. Ill. Cent. R.R. Co., 352 U.S. 512, 1 L.Ed.2d 503; Lavender v. Kurn, 327 U.S. 645, 653, 66 S.Ct. 740, 90 L.Ed. 919; Tiller v. Atlantic Coast Line Ry. Co., 318 U.S. 54, 63 S.Ct. 444, 87 L.Ed. 610.

Accordingly, the judgment of the district court is affirmed.


Summaries of

Clinchfield Railroad Company v. Erwin

United States Court of Appeals, Sixth Circuit
Nov 12, 1957
249 F.2d 719 (6th Cir. 1957)
Case details for

Clinchfield Railroad Company v. Erwin

Case Details

Full title:CLINCHFIELD RAILROAD COMPANY, Appellant, v. J. Ralph ERWIN, Appellee

Court:United States Court of Appeals, Sixth Circuit

Date published: Nov 12, 1957

Citations

249 F.2d 719 (6th Cir. 1957)

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