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ROGERS v. CHICAGO, R. I. & P. RY. CO.

No. 8520.

39 F.2d 601 (1930)

ROGERS v. CHICAGO, R. I. & P. RY. CO.

Circuit Court of Appeals, Eighth Circuit.

February 18, 1930.

Attorney(s) appearing for the Case

William M. Giller, of Omaha, Neb. (Frank L. Weaver, of Omaha, Neb., on the brief), for appellant.

Guy C. Chambers, of Lincoln, Neb. (E. P. Holmes, of Lincoln, Neb., on the brief), for appellee.

Before STONE, Circuit Judge, and MUNGER and REEVES, District Judges.

REEVES, District Judge.

Appellant claims damages for injuries alleged to have been sustained by him at a railroad crossing. The trial court deemed his evidence insufficient to warrant recovery and peremptorily directed a verdict for the appellee. While the cause was pending in a state court and before removal to the federal court, appellant suffered a similar defeat, but upon appeal to the Supreme Court of Nebraska it was there held that his evidence was sufficient...

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