ATLANTIC COAST LINE RAILROAD COMPANY v. DARDEN

No. 15002.

216 F.2d 125 (1954)

ATLANTIC COAST LINE RAILROAD COMPANY, Appellant, v. June F. DARDEN, Appellee.

United States Court of Appeals, Fifth Circuit.

October 29, 1954.


Attorney(s) appearing for the Case

Larry E. Pedrick, Waycross, Ga., Charles Cook Howell, Vice President & General Counsel, Atlantic Coast Line R. Co., Wilmington, N. Car., E. Kontz Bennett, Waycross, Ga., Bennett, Pedrick & Bennett, Waycross, Ga., of counsel, for appellant.

S. F. Memory, Jr., J. Mack Barnes, J. D. Blalock, Waycross, Ga., Memory, Barnes & Memory, Waycross, Ga., of counsel, for appellee.

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


HUTCHESON, Chief Judge.

The suit, brought under the Federal Employers' Liability Act,1 was for damages resulting from an injury to plaintiff's eye. Alleging that the injury occurred while plaintiff was performing his duties as an employee of defendant and was engaged in burring draft keys with a hot chisel and that defendant's officers, agents, and servants performed the operation in which they were engaged in a careless, reckless, and...

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