MARTIN v. BLACK

No. 15189.

221 F.2d 567 (1955)

John W. MARTIN, as Trustee for Florida East Coast Railway Company, v. Fred L. BLACK.

United States Court of Appeals Fifth Circuit.

April 27, 1955.


Attorney(s) appearing for the Case

William C. Steel, Miami, Fla., Anderson, Scott, McCarthy & Preston, Miami, Fla., Russell L. Frink, Jacksonville, Fla., Robert H. Anderson, Miami, Fla., of counsel, for appellant.

Warren C. Rose, Henry R. Carr, Miami, Fla., for appellee.

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


DAWKINS, District Judge.

Appellee, plaintiff below, brought this suit under the Federal Employers' Liability Law, 45 U.S.C.A. § 51, for damages alleged to have been caused by the negligence of appellant. There was verdict and judgment for appellee, and appellant assigns errors: (1) that at the time of his injury, appellee was not engaged in interstate commerce; and (2) the evidence was insufficient to support a verdict in his favor.

Under the first point...

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