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FORT WORTH & DENVER RAILWAY COMPANY v. THOMPSON

No. 14877.

216 F.2d 790 (1954)

FORT WORTH & DENVER RAILWAY COMPANY, Appellant, v. A. W. THOMPSON and W. D. Sides, d/b/a Sides Fruit Company, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 4, 1955.

Attorney(s) appearing for the Case

James C. Sanders, Amarillo, Tex., Culton, Morgan, Britain, & White, Amarillo, Tex., for appellant.

S. Tom Morris, Amarillo, Tex., Denning Schattman, Joe Spurlock, Ft. Worth, Tex., Gibson, Ochsner, Harlan, Kinney & Morris, Amarillo, Tex., of counsel, for appellee W. D. Sides.

Davis, Schattman & Lewis, Fort Worth, Tex., for appellee A. W. Thompson.

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

HUTCHESON, Chief Judge.

Brought under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., the suit was for damages resulting from an injury to plaintiff received while, as a member of a switching crew, he was working on an industry track which ran along the side of the warehouse of Sides Fruit Company, a corporation.

The injury occurred in this way. When the switch engine reached the warehouse it found the track blocked by a refrigerator car...

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