RAILWAY EXPRESS AGENCY v. COX

No. 12779.

179 F.2d 593 (1950)

RAILWAY EXPRESS AGENCY, Inc. v. COX.

United States Court of Appeals Fifth Circuit.

January 19, 1950.


Attorney(s) appearing for the Case

George W. Gibson, Jr., Lubbock, Texas, Charles L. Cobb, Lubbock, Texas, for appellant.

Wm. H. Evans, Lubbock, Texas, for appellee.

Before HUTCHESON, Chief Judge, WALLER, and RUSSELL, Circuit Judges.


WALLER, Circuit Judge.

Cox, a Railway Express messenger, let a pistol fall out of a holster, with the result that the hammer supposedly struck the floor of the express car and fired a bullet into his foot, thereby giving rise to this suit against his employer for damages thus sustained.

Plaintiff was required, on each trip, and when on duty, to wear a pistol issued to him by a local agent of the Company. He alleged that after having received a pistol from...

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