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ATLANTIC COAST LINE RAILROAD COMPANY v. GUNTER

No. 15599.

229 F.2d 842 (1956)

ATLANTIC COAST LINE RAILROAD COMPANY, Appellant, v. Glen GUNTER, Appellee.

United States Court of Appeals Fifth Circuit.

February 13, 1956.

Attorney(s) appearing for the Case

Ralph C. Dell and LeRoy Allen, Tampa, Fla., Norman C. Shepard, Wilmington, N. C., Frank G. Kurka, Wilmington, D. C., of counsel, for appellant.

Neil C. McMullen, Tampa, Fla., Lewis & Lewis, and Thomas Lewis, Jr., Atlanta, Ga., of counsel, for appellee.

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

HUTCHESON, Chief Judge.

Brought under the Federal Employers' Liability Act, § 1, 45 U.S.C.A. § 51, the suit was for damages sustained by plaintiff, in the course of his employment as a railroad switchman, in alighting from a moving freight car in order to throw a switch.

The claim was: that the defendant had negligently failed to furnish him a safe place to perform his work as a switchman, in that at the point where he was performing his duties for...

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