ATLANTIC COAST LINE R. CO. v. SIMMS

No. 11677.

157 F.2d 874 (1946)

ATLANTIC COAST LINE R. CO. v. SIMMS.

Circuit Court of Appeals, Fifth Circuit.

November 14, 1946.


Attorney(s) appearing for the Case

Charles Cook Howell, of Jacksonville, Fla., and G. L. Reeves, of Tampa, Fla., for appellant.

Will O. Murrell, of Jacksonville, Fla., for appellee.

Before SIBLEY, HUTCHESON, and WALLER, Circuit Judges.


WALLER, Circuit Judge.

Appellee, while working for appellant as a fireman on a 75-ton capacity wrecker which was engaged in undertaking to raise one end of a 122-ton locomotive out of a turntable pit, was injured when the wrecker overturned into the turntable pit.

He recovered judgment in the Court below on evidence in his behalf that showed, or tended to show:

(1) That the wrecker should not have been placed on the turntable but should have been stationed...

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