Sturm v. Chicago & Northern Western Railroad

157 F.2d 407 (8th Cir. 1946)

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Nature of the Case

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Facts

Sturm (P) was injured while employed by D. P sued and alleged that a brake used by D was inefficient and was the proximate result of his injuries. D's evidence showed the opposite was true. Neither party moved for a directed verdict at the close of evidence, and the issue was submitted to the jury with no exceptions taken by the trial judge's charges to the jury. Judgment was entered for D and P appealed.