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STEWART v. TEXAS AND PACIFIC RAILWAY COMPANY

No. 18167.

278 F.2d 676 (1960)

Mert STEWART, Appellant, v. TEXAS AND PACIFIC RAILWAY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

May 23, 1960.

Attorney(s) appearing for the Case

John D. Raffaelli, Texarkana, Tex., Charles E. Thompson, Atlanta, Tex., for appellant.

Otto Atchley, Texarkana, Tex., Atchley, Russell & Hutchinson, Texarkana, Tex., for appellee, Texas and Pacific Railway Co.

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

RIVES, Chief Judge.

This appeal is from a judgment overruling the motion of the plaintiff below for a new trial. The action was under the Federal Employer's Liability Act1 for personal injuries received by the plaintiff while an employee of the defendant.

Plaintiff alleged that, while scooping gravel from between ties of the defendant's railroad tracks, he injured his back when he struck...

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