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ATCHISON, TOPEKA AND SANTA FE RAILWAY CO. v. BARRETT

No. 15348.

246 F.2d 846 (1957)

The ATCHISON, TOPEKA and SANTA FE RAILWAY COMPANY, a Corporation, Appellant, v. Porter BARRETT, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied August 6, 1957.

Attorney(s) appearing for the Case

Louis M. Welsh, Robert W. Walker, Los Angeles, Cal., for appellant.

Erwin P. Werner, Los Angeles, Cal., for appellee.

Before LEMMON, BARNES and HAMLEY, Circuit Judges.

BARNES, Circuit Judge.

Plaintiff recovered a judgment in the District Court under the provisions of the Federal Employers' Liability Act,1 for head injuries suffered on March 11, 1955, while working as a waiter aboard one of appellant's trains. The distinctive manifestation of plaintiff's alleged injury was a jerking or twisting of the head, medically described as a "spasmodic torticollis." This occurred with varying frequency, usually...

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