ATLANTIC COAST LINE RAILROAD COMPANY v. ANDERSON

No. 15224.

221 F.2d 548 (1955)

ATLANTIC COAST LINE RAILROAD COMPANY, v. Beatrice A. ANDERSON, as Administratrix of the Estate of Charles Arthur Anderson, Jr., deceased.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 11, 1955.


Attorney(s) appearing for the Case

Howell & Howell, T. Malcolm Kirby, Jacksonville, Fla., for appellant.

T. J. Lewis, Jr., T. J. Lewis, Atlanta, Ga., Fred R. Wilson, Sanford, Fla., for appellee.

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


HUTCHESON, Chief Judge.

Brought in two counts, one under the Safety Appliance Act, 45 U.S.C.A. § 11, the other under the Federal Employers' Liability Act, 45 U.S.C.A. §§ 51-60, the suit was for damages resulting from the death of plaintiff's decedent.

The first count charged failure to provide sufficient hand brakes. The claim of the second count was in substance that while plaintiff, as the conductor of a train crew, was engaged in directing...

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