Northwestern Pac. R. Co. v. Fiedler
Citation | 52 F.2d 400 |
Decision Date | 14 September 1931 |
Docket Number | No. 6322.,6322. |
Parties | NORTHWESTERN PAC. R. CO. v. FIEDLER. |
Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
Orrick, Palmer & Dahlquist, of San Francisco, Cal., for appellant.
Thomas F. McCue and Clifton Hildebrand, both of San Francisco, Cal., for appellee.
Before RUDKIN, WILBUR, and SAWTELLE, Circuit Judges.
This was an action brought in the United States District Court for the Northern District of California, Southern Division, under the Federal Employers' Liability Act (45 USCA §§ 51-59) to recover damages for injuries alleged to have been received by plaintiff, appellee, while he was employed by defendant, appellant, in interstate commerce.
The complaint, inter alia, alleges:
The defendant's answer contains a general denial of the allegations of the complaint and also separate defenses of contributory negligence on the part and assumption of risk by the plaintiff.
The statement of facts as set forth in the appellant's brief agreed to by appellee with the exception of a few alleged errors not necessary to be considered by us is as follows:
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