BAGBY v. BARTON

No. 10415.

131 F.2d 887 (1942)

BAGBY v. BARTON et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 19, 1943.


Attorney(s) appearing for the Case

R. A. D. Morton, of El Paso, Tex., for appellant.

Allen R. Grambling and Jos. G. Bennis, both of El Paso, Tex., for appellees.

Before SIBLEY and HUTCHESON, Circuit Judges, and KENNERLY, District Judge.


HUTCHESON, Circuit Judge.

The suit was for damages for personal injuries. The claim was that while on a platform maintained by defendants for unloading cattle from cattle cars, plaintiff was injured by stepping into a hole in the platform negligently allowed by defendants to be there. The defense was that plaintiff was not on the platform where he was hurt, in the interest or for the advantage as well of defendant as of himself and therefore an invitee, but was a...

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