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FORT WORTH & DENVER CITY RY. CO. v. SMITH

No. 14135.

206 F.2d 667 (1953)

FORT WORTH & DENVER CITY RY. CO. v. SMITH.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 8, 1953.

Attorney(s) appearing for the Case

H. M. Muse, Stanley C. Kirk, Wichita Falls, Tex., Seth Barwise, Fort Worth, Tex., for appellant.

Bob L. Wilson, Philip S. Kouri, Wichita Falls, Tex., for appellee.

Before HOLMES, BORAH, and RUSSELL, Circuit Judges.

BORAH, Circuit Judge.

This action was instituted by appellee, who is the administratrix of the estate and the widow of the deceased R. E. L. Smith, under the Federal Employers' Liability Act.1 Recovery was sought for the alleged wrongful death of Smith during the course of his employment as a switchman and engine foreman in one of appellant's railroad switching yards. The case was submitted to a jury, which returned a verdict in favor...

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