FORT WORTH & DENVER RAILWAY COMPANY v. JANSKI

No. 15379.

223 F.2d 704 (1955)

FORT WORTH & DENVER RAILWAY COMPANY, Appellant, v. Albert JANSKI, Appellee.

United States Court of Appeals Fifth Circuit.

June 28, 1955.


Attorney(s) appearing for the Case

Culton, Morgan, Britain & White, James C. Sanders, Amarillo, Tex., for appellant.

Denning Schattman, Joe Spurlock, Davis, Schattman & Lewis, Fort Worth, Tex., for appellee, Albert Janski.

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


JONES, Circuit Judge.

Albert Janski, the plaintiff, appellee here, was a fireman of the defendant, Fort Worth and Denver Railway Company, appellant here. On July 24, 1951, plaintiff was working on a passenger train of defendant entering its yards at Dalhart, Texas, at a speed of around 45 to 50 miles per hour. An open switch caused plaintiff to jump. He sustained injuries for which he sought damages of the defendant under the Federal Employers' Liability Act, 45 U...

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