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ATLANTIC COAST LINE RAILROAD CO. v. ANDERSON

No. 17121.

267 F.2d 329 (1959)

ATLANTIC COAST LINE RAILROAD COMPANY, Appellant, v. Ethel ANDERSON, as Administratrix of the Estate of James Lester Anderson, deceased, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 17, 1959.

Attorney(s) appearing for the Case

Clark W. Toole, Jr., Louis Kurz, Kurz & Toole, Jacksonville, Fla., for appellant.

William M. Howell, Thomas A. Larkin, Jacksonville, Fla., for appellee.

Before HUTCHESON, Chief Judge, and RIVES and JONES, Circuit Judges.

JONES, Circuit Judge.

The appellant railroad operated through Chiefland, Florida, where its line of rail lies in a north-south direction. James Lester Anderson was employed by the railroad as a flagman. On the early morning of June 15, 1955, the railroad's train designated as Work Extra No. 225, was engaged in switching cars loaded with watermelons at Chiefland. Anderson was assigned to this train. In the protection of the work train he was directed to flag down a...

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