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ST. LOUIS-SAN FRANCISCO RY. CO. v. MILLS

No. 4366.

3 F.2d 882 (1924)

ST. LOUIS-SAN FRANCISCO RY. CO. v. MILLS.

Circuit Court of Appeals, Fifth Circuit.

Dissenting Opinion, February 9, 1925.

Attorney(s) appearing for the Case

W. R. C. Cocke, of Birmingham, Ala. (Cabaniss, Johnston, Cocke & Cabaniss, of Birmingham, Ala., on the brief), for plaintiff in error.

G. R. Harsh, of Birmingham, Ala. (Harsh, Harsh & Harsh, of Birmingham, Ala., on the brief), for defendant in error.

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

WALKER, Circuit Judge.

This was an action under the federal Employers' Liability Act (Comp. St. §§ 8657-8665) to recover damages for the death of Ira S. Mills, an employee of the plaintiff in error, a railway company; the death of the employee being attributed to negligence chargeable against his employer. In the trial there was evidence to the following effect:

The employee entered the service of the employer on the Monday next preceding the Thursday...

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