CLINCHFIELD RAILROAD CO. v. UNITED STATES F. & G. CO.

No. 13623.

263 F.2d 932 (1959)

CLINCHFIELD RAILROAD COMPANY, Appellant, v. UNITED STATES FIDELITY & GUARANTY COMPANY, Appellee.

United States Court of Appeals Sixth Circuit.

February 13, 1959.


Attorney(s) appearing for the Case

A. K. McIntyre, Harry N. Fortune, Tucker & Erwin, Erwin, Tenn., for appellant.

S. J. Milligan, Greeneville, Tenn., E. Lynn Minter, Kingsport, Tenn., for appellee.

Before MARTIN, Chief Judge, McALLISTER, Circuit Judge, and MATHES, District Judge.


PER CURIAM.

Appellant, in a former action, was sued by one of its employees under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., for damages which he claimed to have suffered as the result of being injured in a collision between an automobile and a railroad train at appellant's premises. The employee claimed that, at the time of the accident, he was engaged in appellant's employment. Upon the trial, the jury was instructed by the court on the...

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