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ATLANTIC COAST LINE RAILROAD COMPANY v. BOARTFIELD

No. 7575.

253 F.2d 733 (1958)

ATLANTIC COAST LINE RAILROAD COMPANY, Appellant, v. William W. BOARTFIELD, Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 29, 1958.

Attorney(s) appearing for the Case

E. Ellison Walker and Julius W. McKay, Columbia, S. C. (McKay, McKay, Black & Walker, Columbia, S. C., on brief), for appellant.

Thomas J. Lewis, Jr., Atlanta, Ga., and R. K. Wise, Columbia, S. C. (Thomas J. Lewis, and Lewis & Lewis, Atlanta, Ga., on brief), for appellee.

Before PARKER, Chief Judge, and SOBELOFF and HAYNSWORTH, Circuit Judges.

HAYNSWORTH, Circuit Judge.

This is a Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., case in which it appears that the plaintiff, a switchman, while dismounting from a boxcar, lost his footing and fell. Because of his resultant injuries, he brought this action, and, a trial having been had, a judgment was entered upon a verdict in his favor. In this appeal, the railroad contends that the evidence of negligence on its part is insufficient to support...

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