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BRENEMAN v. CINCINNATI, NEW ORLEANS & TEX. PAC. RY. CO.

346 S.W.2d 273 (1961)

Charles Homer BRENEMAN, Plaintiff in Error, v. CINCINNATI, NEW ORLEANS AND TEXAS PACIFIC RAILWAY COMPANY, Defendant in Error.

Court of Appeals of Tennessee, Eastern Section.

Certiorari Denied April 5, 1961.

Attorney(s) appearing for the Case

Vanderveer & Brown, Chattanooga, for plaintiff in error.

Whitaker, Hall & Haynes, Chattanooga, for defendant in error.

McAMIS, Presiding Judge.

Charles Homer Breneman instituted this suit on June 25, 1959, against his employer, Cincinnati, New Orleans and Texas Pacific Railway Company, to recover for personal injuries he claims to have sustained during a switching operation on May 10, 1956, as the result of an asserted violation by defendant of the Safety Appliance Act, 45 U.S.C.A. § 2, providing:

"It shall be unlawful for any common carrier engaged in interstate commerce...

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