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CAIN v. FORT WORTH & DENVER CITY RY. CO.

No. 7459.

75 F.2d 103 (1935)

CAIN v. FORT WORTH & DENVER CITY RY. CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied February 28, 1935.

Attorney(s) appearing for the Case

E. W. Napier, of Wichita Falls, Tex., for appellant.

F. B. Walker, of Fort Worth, Tex., and Luther Hoffman, of Wichita Falls, Tex., for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

About 1:30 a. m. on December 7, 1932, J. W. Cain, employed by the Fort Worth & Denver City Railway Company as car inspector and repairer, was found dead in its Wichita Falls yards. When found, his body, with one leg severed from it, was lying close up to and outside of the east rail of track No. 2 of the top yards on which an interstate train had been made up late the night before for leaving...

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