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MARTIN v. RILEY

No. 15517.

226 F.2d 612 (1955)

John W. MARTIN, as Trustee of the Florida East Coast Railway Company, Appellant, v. Tom RILEY, Appellee.

United States Court of Appeals Fifth Circuit.

November 9, 1955.

Attorney(s) appearing for the Case

Dwight Sullivan, Miami, Fla., Anderson, Scott, McCarthy & Preston, Miami, Fla., Russell L. Frink, Jacksonville, Fla., Robert H. Anderson, Miami, Fla., of counsel, for appellant.

Marshall G. Curran, Jr., Henry R. Carr, Miami, Fla., Carr & O'Quin, Miami, Fla., of counsel, for appellee.

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

HUTCHESON, Chief Judge.

Brought under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., the suit was for damages suffered by plaintiff while he was engaged in operating a kerosene weed burner.

The claim was that defendant was negligent in furnishing for use with the weed burner defective kerosene carrying hose which breaking and spraying kerosene on plaintiff's clothes proximately contributed to their catching fire and his receiving severe...

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