ST. LOUIS-SAN FRANCISCO RY. CO. v. UNITED STATES

No. 13252.

187 F.2d 925 (1951)

ST. LOUIS-SAN FRANCISCO RY. CO. v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

March 28, 1951.


Attorney(s) appearing for the Case

C. R. Bolton, Tupelo, Miss., D. W. Houston, Jr., Aberdeen, Miss., E. G. Nahler, C. H. Skinker, Jr., and James L. Homire, all of St. Louis, Mo., for appellant.

Chester L. Sumners, U. S. Atty., Oxford, Miss., for appellee.

Before HUTCHESON, Chief Judge, and McCORD and BORAH, Circuit Judges.


HUTCHESON, Chief Judge.

The suit under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq., was for recovery of amounts paid by plaintiff, appellant here, in settlement of suits and claims of its employees for damages caused by the inhalation of and contact with gas from poisonous gas bombs shipped by defendant and hauled by plaintiff over its line.

The claim was: that defendant, without giving plaintiff the proper warnings, or taking...

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