WARD v. ATLANTIC COAST LINE RAILROAD COMPANY

No. 17166.

265 F.2d 75 (1959)

Raymond P. WARD, Appellant, v. ATLANTIC COAST LINE RAILROAD COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

March 12, 1959.


Attorney(s) appearing for the Case

Neal P. Rutledge, Earl Faircloth, Miami, Fla., for appellant.

Sam T. Dell, Jr., Gainesville, Fla., Lazonby, Dell, Graham & Willcox, Gainesville, Fla., of counsel, for appellee.

Before RIVES, TUTTLE and CAMERON, Circuit Judges.


TUTTLE, Circuit Judge.

This is an appeal by the plaintiff from a judgment following a jury's verdict for the defendant in an action under the Federal Employers' Liability Act, 45 U. S.C.A. §§ 51-60, for damages for personal injuries allegedly caused by the negligence of his alleged employer, the railroad defendant.

Before we can consider the merits of the appeal we must pass upon appellee's motion to dismiss for failure to file timely notice of appeal...

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