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

No. 4838.

18 F.2d 96 (1927)

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

Circuit Court of Appeals, Fifth Circuit.

March 18, 1927.

Attorney(s) appearing for the Case

J. W. Canada, of Memphis, Tenn., and D. W. Houston, of Aberdeen, Miss. (D. W. Houston, Sr. & Jr., of Aberdeen, Miss., on the brief), for plaintiff in error.

Geo. T. Mitchell, of Tupelo, Miss. (Geo. T. & Chas. S. Mitchell, of Tupelo, Miss., and R. G. Draper, of Memphis, Tenn., on the brief), for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

WALKER, Circuit Judge.

This was an action to recover damages for personal injuries sustained by the defendant in error, a Pullman car conductor, when a coach in a moving train, where he was in the performance of his duties, left the track on a bridge or trestle and fell to the ground below. The case went to the jury on the fourth count of the declaration, which attributed the derailment and fall of the coach to negligence of the plaintiff in error in permitting its...

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