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FT. WORTH & DENVER RAILWAY COMPANY v. THREADGILL

No. 15494.

228 F.2d 307 (1955)

FT. WORTH & DENVER RAILWAY COMPANY, Appellant, v. Claude THREADGILL and E. J. Haymes and Nunn Electric Supply Company, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 17, 1956.

Attorney(s) appearing for the Case

Charles B. Jones, E. L. Klett, Lubbock, Tex., Seth Barwise, Fort Worth, Tex., Klett, Evans, Trout & Jones, Lubbock, Tex., for appellant.

J. Orville Smith, Ted Odom, Bob Huff, Lubbock, Tex., Huff & Splawn, Lubbock, Tex., for appellee Threadgill.

Crenshaw, Dupree & Milam, Lubbock, Tex., for appellees E. J. Haymes and Nunn Electric Supply Co.

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

TUTTLE, Circuit Judge.

This suit arose out of an accident which occurred at the grade crossing of Farm Road No. 400 and the appellant railroad's line in Lubbock County, Texas. On Friday afternoon, October 9, 1953, the appellee Threadgill and two other section hands and a foreman of the railroad were sent to a point about 400 yards beyond the crossing to build a sand barrier out of crossties. When they finished with this job, and were preparing to leave it, the foreman...

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