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GILMER v. YAZOO & M. V. R. CO.

No. 4468.

4 F.2d 963 (1925)

GILMER v. YAZOO & M. V. R. CO.

Circuit Court of Appeals, Fifth Circuit.

March 24, 1925.

Attorney(s) appearing for the Case

Chas. S. Mitchell and Geo. T. Mitchell, both of Tupelo, Miss., and R. G. Draper, of Memphis, Tenn., for plaintiff in error.

Chas. N. Burch, H. D. Minor, and Marion G. Evans, all of Memphis, Tenn., for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

This is an action under the federal Employers' Liability Act (Comp. St. §§ 8657-8665) for injuries which caused the death of plaintiff's intestate, Daniel C. Gilmer, while he was employed by the defendant railroad company as a flagman on its interstate railroad. The action is based on defendant's negligence in switching cars in a railroad yard, and in failing to have that yard properly lighted. The defenses, besides the general issue...

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