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KANSAS CITY SOUTHERN RY. CO. v. WILLIFORD

No. 6756.

65 F.2d 223 (1933)

KANSAS CITY SOUTHERN RY. CO. v. WILLIFORD.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied June 23, 1933.

Attorney(s) appearing for the Case

W. Scott Wilkinson, of Shreveport, La., for appellant.

George G. Dimick and William B. Hamilton, both of Shreveport, La., for appellee.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.

SIBLEY, Circuit Judge.

We reverse this case for error in refusing to instruct a verdict for the defendant, because the evidence did not warrant a finding of negligence unless because the place of work was not safe, and as to that demands a finding that the risk was assumed by the deceased. The suit is under the Federal Employers' Liability Act, §§ 1, 4 (45 USCA §§ 51, 54), for the killing of Ivan Williford while at work in interstate commerce as...

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