SIMPSON v. TEXAS AND NEW ORLEANS RAILROAD COMPANY

No. 18961.

297 F.2d 660 (1962)

Kenneth SIMPSON, Appellant, v. TEXAS AND NEW ORLEANS RAILROAD COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

January 11, 1962.


Attorney(s) appearing for the Case

G. Harrison Scott, New Orleans, La., for appellant.

Harry McCall, Jr., Chaffe, McCall, Phillips, Burke & Hopkins, New Orleans, La., for Texas and New Orleans R. Co.

Before RIVES, CAMERON and BELL, Circuit Judges.


RIVES, Circuit Judge.

This appeal is from a judgment sustaining the defendant's motion to dismiss a complaint brought under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., on the ground that it fails to state a claim upon which relief can be granted.

According to the complaint, the accident occurred on January 15, 1959, at approximately 4:30 P.M. Plaintiff was an employee of the defendant and his duties were in furtherance of interstate...

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