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KANSAS CITY SOUTHERN RAILWAY COMPANY v. JUSTIS

No. 15679.

232 F.2d 267 (1956)

The KANSAS CITY SOUTHERN RAILWAY COMPANY, Appellant, v. Carlton E. JUSTIS, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 2, 1956.

Attorney(s) appearing for the Case

Vernon Woods and James J. Butler, Shreveport, La., Wilkinson, Lewis & Wilkinson, Shreveport, La., of counsel, for appellant.

Leonard L. Lockard, Shreveport, La., for appellee.

Before RIVES, TUTTLE and CAMERON, Circuit Judges.

RIVES, Circuit Judge.

This action under the Federal Employers' Liability Act1 was brought by the appellee, a freight train conductor, as plaintiff, against the appellant railroad, as defendant. Plaintiff and brakeman Young were in the caboose at the rear of the train when it was brought to a stop for a scheduled inspection at Shoreline, Louisiana. According to their testimony, the train stopped with an unusual jerk or jolt, so extraordinary...

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