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SLOSS-SHEFFIELD STEEL & IRON CO. v. BREWER

No. 4395.

2 F.2d 401 (1924)

SLOSS-SHEFFIELD STEEL & IRON CO. v. BREWER.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied December 17, 1924.

Attorney(s) appearing for the Case

Wm. M. Rogers, Chas. E. Rice, and E. L. All, all of Birmingham, Ala. (Tillman, Bradley & Baldwin, of Birmingham, Ala., on the brief), for plaintiff in error.

J. Reese Murray, of Birmingham, Ala. (James H. Willis, of Birmingham, Ala., on the brief), for defendant in error.

Before WALKER and BRYAN, Circuit Judges, and ESTES, District Judge.

ESTES, District Judge.

The plaintiff recovered a judgment for personal injuries received by him when working as a convict in a mine of the defendant. The pertinent portions of the count on which the case was tried are as follows:

"On the 30th day of January, 1922, the defendant was engaged in the operation of an underground coal mine at or near Flat Top, in Jefferson county, Alabama, and in connection therewith maintained and used a main haulage way, along...

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