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HIGHFILL v. LOUISVILLE & NASHVILLE R. CO.

No. 10135.

154 F.2d 874 (1946)

HIGHFILL v. LOUISVILLE & NASHVILLE R. CO.

Circuit Court of Appeals, Sixth Circuit.

April 15, 1946.

Attorney(s) appearing for the Case

Walter P. Armstrong, of Memphis, Tenn. (James W. Van Dyke, of Paris, Tenn., and Walter P. Armstrong, of Memphis, Tenn., on the brief), for appellant.

Clarence Clifton, of Memphis, Tenn. (Henry J. Livingston and Clarence Clifton, both of Memphis, Tenn., on the brief), for appellee.

Before ALLEN, MARTIN, and MILLER, Circuit Judges.

MARTIN, Circuit Judge.

In this action for damages for death by wrongful act brought under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., by the administratrix of the intestate against the appellee railroad company, an interstate carrier, the District Court directed a verdict for the defendant. The decedent was a boilermaker whose duties embraced the servicing, between runs, of engines of the railroad company. Concededly, a large portion of his...

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