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SMITH v. FORT WORTH & DENVER CITY RAILWAY COMPANY

No. 15135.

219 F.2d 43 (1955)

Maude SMITH, Surviving Wife and Administratrix of the Estate of R. E. L. Smith, Deceased, Appellant, v. FORT WORTH & DENVER CITY RAILWAY COMPANY, Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 28, 1955.

Attorney(s) appearing for the Case

Jack G. Banner, Philip S. Kouri and Kouri & Banner, Wichita Falls, Tex., for appellant.

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

Before BORAH and TUTTLE, Circuit Judges, and DAWKINS, District Judge.

TUTTLE, Circuit Judge.

This case is before us for the second time. It was instituted by appellant who was 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 injury, pain and suffering, loss of wages and for the wrongful death of Smith during the course of his employment as a switchman and engine foreman in one of appellee's railroad switching...

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