445 F2d 319 Holland v. Chicago Milwaukee St Paul and Pacific Railroad Company

445 F.2d 319

Mary HOLLAND, Trustee for the Heirs of Thomas W. Holland, Deceased, Appellee,
v.
CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, a Corporation, Appellant.

No. 20676.

United States Court of Appeals, Eighth Circuit.

August 19, 1971.

Appeal from the United States District Court for the District of Minnesota, Fourth Division; Miles W. Lord, Judge.

Stuart W. Rider, Jr., Rider, Bennett, Egan, Johnson & Arundel, David J. Byron, Minneapolis, Minn., for appellant.

John B. McCarthy, Yaeger & Yaeger, Carl Yaeger, Jr., Minneapolis, Minn., for appellee.

Before GIBSON and ROSS, Circuit Judges, and EISELE, District Judge.*

PER CURIAM.

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1

This is an F.E.L.A. case. There was sufficient evidence from which the jury could conclude that the appellant-employer was guilty of negligence which proximately caused the death of its employee. The trial court did not abuse its discretion in refusing to submit the issues to the jury by special verdict as requested by appellant.

2

Affirmed. See Rule 14.

Notes:

*

United States District Judge, Eastern District of Arkansas, sitting by designation