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VIVIAN v. ATCHISON, TOPEKA AND SANTA FE RAILWAY CO.

No. 6785.

363 P.2d 620 (1961)

69 N.M. 6

Tom VIVIAN, Plaintiff-Appellee Cross-Appellant, v. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a corporation, Defendant-Appellant Cross-Appellee.

Supreme Court of New Mexico.

July 13, 1961.

Attorney(s) appearing for the Case

B.G. Johnson, Albuquerque, for appellant.

Lorenzo A. Chavez, Arturo G. Ortega, and Melvin L. Robins, Albuquerque, for appellee.

NOBLE, Justice.

This is an action under the Federal Employers' Liability Act (Title 45 U.S.C.A. § 51 et seq.) for personal injuries sustained by plaintiff while working for the Atchison, Topeka & Santa Fe Railway Company, and claimed to have resulted from the negligence of defendant and by reason of its failure to furnish a safe place to work.

Plaintiff was a member of a section gang unloading rails from a flat car at the time of the injury complained...

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