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WILKERSON v. McCARTHY

No. 53.

336 U.S. 53 (1949)

WILKERSON v. McCARTHY ET AL., TRUSTEES.

Supreme Court of United States.

Decided January 31, 1949.

Attorney(s) appearing for the Case

Parnell Black argued the cause for petitioner. With him on the brief were Calvin W. Rawlings and Harold E. Wallace.

Dennis McCarthy argued the cause for respondents. With him on the brief was Waldemar Q. Van Cott.

MR. JUSTICE BLACK delivered the opinion of the Court.

The petitioner, a railroad switchman, was injured while performing duties as an employee of respondents in their railroad coach yard at Denver, Colorado. He brought this action for damages under the Federal Employers' Liability Act.1

The complaint alleged that in the performance of his duties in the railroad yard it became necessary for him to walk over a wheel-pit on a narrow...

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