FORT WORTH AND DENVER RAILWAY COMPANY v. HARRIS

No. 15640.

230 F.2d 680 (1956)

FORT WORTH AND DENVER RAILWAY COMPANY, Appellant, v. Wayne HARRIS, Appellee.

United States Court of Appeals Fifth Circuit.

March 14, 1956.


Attorney(s) appearing for the Case

H. M. Muse, Harold Jones, Wichita Falls, Tex., Seth Barwise, Fort Worth, Tex., Jones, Parish & Fillmore, Wichita Falls, Tex., for appellant, Fort Worth & Denver Ry. Co.

Jack G. Banner, Philip S. Kouri, Henry J. Anderson, Jr., Anderson & Latham, Kouri & Banner, Wichita Falls, Tex., for appellee.

Before BORAH, TUTTLE and JONES, Circuit Judges.


BORAH, Circuit Judge.

Brought under the Federal Employers' Liability Act, § 1, 45 U.S.C.A. § 51 and upon the ground that the defendant had negligently failed to furnish him with a safe place in which to work, the suit was for damages which plaintiff sustained when he slipped and fell on some large pieces of ballast alongside the train track where during a switching operation he was obliged to walk and was walking while relaying signals to the engineman in...

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