HEATHERLY v. SOUTHERN RY. CO.

No. 9093.

106 F.2d 894 (1939)

HEATHERLY v. SOUTHERN RY. CO.

Circuit Court of Appeals, Fifth Circuit.

October 24, 1939.


Attorney(s) appearing for the Case

J. F. Kemp and Clint W. Hager, both of Atlanta, Ga., for appellant.

Rembert Marshall and Edgar A. Neely, both of Atlanta, Ga., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.


HOLMES, Circuit Judge.

The appellant, Joe Heatherly, lost his foot and part of his leg when he fell or was knocked under the wheels of a passing freight train. The accident happened after daylight on November 2, 1934, at Roseland, Georgia, a little station where the train did not stop. He claims to have been standing on the station platform several feet westward of the moving train, and to have been struck by a piece of timber extending from the side of a car in the...

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