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PRICE v. ATLANTIC COAST LINE R. CO.

No. 6747.

213 F.2d 9 (1954)

PRICE v. ATLANTIC COAST LINE R. CO.

United States Court of Appeals, Fourth Circuit.

Decided May 19, 1954.

Attorney(s) appearing for the Case

B. Nathaniel Richter, Philadelphia, Pa. (James P. Mozingo, III, Darlington, S. C., and Richter, Lord & Farage, Philadelphia, Pa., on the brief), for appellant and cross-appellee.

A. L. Hardee and W. S. Houck, Florence, S. C. (Willcox, Hardee, Houck & Palmer, Florence, S. C., on the brief), for appellee and cross-appellant.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

SOPER, Circuit Judge.

This suit was brought under the Federal Employers' Liability Act to recover damages for the death of Clyde McLeod, a section master of the defendant who was in charge of a gang of five or six men that worked out of Mars Bluff, South Carolina on the Railroad's right of way. The gist of the complaint was that about 2 p. m. on March 30, 1951 the deceased was ordered by his superiors to put out a fire on the right of way near Mars Bluff without proper...

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