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LOS ANGELES & S. L. R. CO. v. SHIELDS

No. 8337.

33 F.2d 23 (1929)

LOS ANGELES & S. L. R. CO. v. SHIELDS.

Circuit Court of Appeals, Eighth Circuit.

May 11, 1929.

Attorney(s) appearing for the Case

Robert B. Porter, of Salt Lake City, Utah (George H. Smith, John V. Lyle, and W. Hal. Farr, all of Salt Lake City, Utah, on the brief), for appellant.

B. L. Liberman, of Salt Lake City, Utah (Willard Hanson, of Salt Lake City, Utah, on the brief), for appellee.

Before LEWIS, Circuit Judge, and WOODROUGH and McDERMOTT, District Judges.

LEWIS, Circuit Judge.

Because of alleged negligence appellee recovered judgment for permanent personal injuries received while he was at work in appellant's railway tunnel. The tunnel was being widened and raised in height to accommodate two main tracks instead of one. Experienced miners were employed to do the excavating, that is, to drill and shoot down the rock and other material to be removed. Appellee, then between 23 and 24 years old, was first employed in the...

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