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FLORIDA EAST COAST RY. CO. v. CLARK

No. 5837.

42 F.2d 216 (1930)

FLORIDA EAST COAST RY. CO. v. CLARK.

Circuit Court of Appeals, Fifth Circuit.

July 12, 1930.

Attorney(s) appearing for the Case

Robert H. Anderson, of Jacksonville, Fla., for appellant.

John E. Teate and George C. Bedell, both of Jacksonville, Fla. (Chester Bedell, of Jacksonville, Fla., on the brief), for appellee.

Before BRYAN and FOSTER, Circuit Judges, and GRUBB, District Judge.

FOSTER, Circuit Judge.

Appellee brought suit under the provisions of the Federal Employers' Liability Act (45 USCA §§ 51-59) and recovered a judgment for damages for the death of her husband, a locomotive engineer employed by appellant, who was killed in an accident which derailed his engine. The only error urged is to the overruling of a motion for a directed verdict.

Negligence alleged was the use of an overworn and insecurely fastened rail on...

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