ST. LOUIS SOUTHWESTERN RAILWAY CO. v. RICHARDSON

No. 15191.

218 F.2d 283 (1955)

ST. LOUIS SOUTHWESTERN RAILWAY COMPANY OF TEXAS, Appellant, v. R. A. RICHARDSON, Appellee.

United States Court of Appeals, Fifth Circuit.

January 7, 1955.


Attorney(s) appearing for the Case

John A. Kerr, Cal Estill, Fort Worth, Tex., John W. Murphy, Tyler, Tex., Adair Dyer, Dallas, Tex., Stone, Agerton, Parker & Kerr, Fort Worth, Tex., for appellant.

Denning Schattman, Maurice M. Davis, Fort Worth, Tex., Davis, Schattman & Lewis, Fort Worth, Tex., for appellee.

Before HUTCHESON, Chief Judge, RIVES, Circuit Judge, and DAWKINS, District Judge.


DAWKINS, District Judge.

Plaintiff (appellee) brought this action under the Federal Safety Appliance Act1 and the Federal Employers' Liability Act2 seeking recovery for alleged injuries sustained while in the performance of his duties as a switchman for the appellant in its Texarkana yards on December 1, 1950. He alleged that while attempting to set a hand brake on a box car, the brake rod broke and he was...

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