SOUTHERN RY. CO. v. BELL

No. 4601.

114 F.2d 341 (1940)

SOUTHERN RY. CO. v. BELL, Sheriff.

Circuit Court of Appeals, Fourth Circuit.

August 9, 1940.


Attorney(s) appearing for the Case

James H. Corbitt, of Suffolk, Va., and Thomas B. Gay, of Richmond, Va., for appellant.

Robert M. Hughes, Jr., of Norfolk, Va., and J. Edward Moyler, of Franklin, Va., for appellee.

Before PARKER, SOPER, and DOBIE, Circuit Judges.


SOPER, Circuit Judge.

In an action under the Federal Employers' Liability Act, 45 U.S.C.A. § 51, the District Judge, sitting without a jury, rendered a judgment for $2,500 against the Southern Railway Company in favor of the administrator of the estate of Louis Seaborn, a section laborer on the railroad. Seaborn committed suicide while at work by throwing himself in front of a passing train; but the judge, adopting the plaintiff's theory of the case, held that...

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