TEXAS PACIFIC-MISSOURI PACIFIC TERM. R. v. WELSH

No. 12783.

179 F.2d 880 (1950)

TEXAS PACIFIC-MISSOURI PACIFIC TERMINAL R. OF NEW ORLEANS v. WELSH.

United States Court of Appeals Fifth Circuit.

February 8, 1950.


Attorney(s) appearing for the Case

Leonard B. Levy, New Orleans, La., for appellant.

Bentley G. Byrnes, New Orleans, La., W. W. Ramsey, Vicksburg, Miss., for appellee.

Before WALLER, BORAH, and RUSSELL, Circuit Judges.


WALLER, Circuit Judge.

Appellee, foreman of a night switch engine crew of Defendant, after giving the engineer a stop signal, went between two freight cars to adjust the couplers, or to open the knuckles, which, according to him, were defective and out of alignment and had caused a failure of the cars to couple upon an impact in the switching operations in which he was engaged. Another member of the crew, unaware of the fact that the foreman was between the cars,...

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