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SOUTHERN PAC. CO. v. RALSTON

No. 688.

67 F.2d 958 (1933)

SOUTHERN PAC. CO. v. RALSTON.

Circuit Court of Appeals, Tenth Circuit.

November 23, 1933.

Attorney(s) appearing for the Case

Paul H. Ray, of Salt Lake City, Utah (E. M. Bagley and Robert L. Judd, both of Salt Lake City, Utah, on the brief), for appellant.

Willard Hanson, of Salt Lake City, Utah (Lindsay R. Rogers, of Salt Lake City, Utah, on the brief), for appellee.

Before McDERMOTT and BRATTON, Circuit Judges, and SYMES, District Judge.

McDERMOTT, Circuit Judge.

A rehearing was granted in order to examine more closely into that part of the Federal Employers' Liability Act § 1 (45 US CA § 51), which imposes liability upon interstate carriers for injuries "resulting in whole or in part from the negligence" of their employees. The controlling authorities cited in the petition for rehearing convince us that the question of whether plaintiff's injury resulted "in whole or in part" from the fireman...

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