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ATLANTIC COAST LINE R. CO. v. COLEMAN

No. 12788.

182 F.2d 712 (1950)

ATLANTIC COAST LINE R. CO. v. COLEMAN.

United States Court of Appeals Fifth Circuit.

April 28, 1950.

Attorney(s) appearing for the Case

Charles Cook Howell, Jr., Jacksonville, Fla., Wm. M. Howell, Jacksonville, Fla., Charles Cook Howell, Wilmington, N. C., for appellant.

Clyde W. Atkinson, Tallahassee, Fla., H. Y. Reynolds, Quincy, Fla., for appellee.

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

HUTCHESON, Chief Judge.

Brought under the Federal Employers' Liability Act,1 the suit was for damages for personal injuries received in a fall from a railroad trestle or bridge as a result of claimed negligence of the defendant in sending plaintiff to work thereon.

As plaintiff pleaded it,2 the negligence consisted in this: that, though he had had thirty-seven years railroad experience as a member of...

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