BIRMINGHAM BELT R. CO. v. DUNLAP

No. 6466.

58 F.2d 951 (1932)

BIRMINGHAM BELT R. CO. v. DUNLAP.

Circuit Court of Appeals, Fifth Circuit.

May 24, 1932.


Attorney(s) appearing for the Case

Jelks H. Cabaniss, of Birmingham, Ala., for appellant.

John W. Altman and W. C. Dalrymple, both of Birmingham, Ala. (Fred G. Koenig and Walter S. Smith, both of Birmingham, Ala., of counsel), for appellee.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.


BRYAN, Circuit Judge.

This is an action under the Federal Employers' Liability Act (45 USCA §§ 51-59), in which, in the court below, plaintiff recovered judgment against the defendant railroad company for damages for a personal injury which he received while employed as a switchman and member of a switch engine crew in a railroad yard at Birmingham.

The case proceeded to trial on a complaint which alleged...

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