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ILLINOIS CENTRAL RAILROAD COMPANY v. ANDRE

No. 17454.

267 F.2d 372 (1959)

ILLINOIS CENTRAL RAILROAD COMPANY, Appellant, v. Larry J. ANDRE, Appellee.

United States Court of Appeals Fifth Circuit.

May 13, 1959.

Attorney(s) appearing for the Case

H. Payne Breazeale, Breazeale, Sachse, Wilson & Hebert, Baton Rouge, La., for appellant, Joseph H. Wright, John W. Freels, Chicago, Ill., Lemle & Kelleher, New Orleans, La., of counsel.

A. Leon Hebert, Percy J. Landry, Jr., Baton Rouge, La., for appellee.

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

JONES, Circuit Judge.

The appellee, Larry J. Andre, was, at the time of the event here related, and for twelve years had been, a switchman in the employ of the appellant, Illinois Central Railroad Company. On the afternoon of April 8, 1954, he was one of a crew of five engaged in switching tank cars to industrial sidings in North Baton Rouge, Louisiana. During such a switching movement, the assignment of one of the switchmen, sometimes referred to as a pin-puller...

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