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ATLANTIC COAST LINE R. CO. v. ALLEN

40 So.2d 115 (1949)

ATLANTIC COAST LINE R. CO. v. ALLEN.

Supreme Court of Florida, Special Division A.

Rehearing Denied February 24, 1949.

Attorney(s) appearing for the Case

McCarthy, Lane & Howell, of Jacksonville, for petitioner.

Bedell & Bedell, of Jacksonville, for respondent.

ADAMS, Chief Justice.

Sam V. Allen sued the Atlantic Coast Line Railroad Company in two counts. The first was under the Boiler Inspection Act, Title 45 U.S.C.A. § 23, "Railroads"; the second was for negligence under the Federal Employers' Liability Act, Title 45 U.S.C.A. § 51, "Railroads".

Before a plea of demurrer was filed, by virtue of Section 91.30, Fla. Stat. 1941, F.S.A., and according to Federal Rules of Civil Procedure, rule 45, 28 U.S.C...

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