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KEATON v. ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY

No. 13865.

321 F.2d 317 (1963)

Adolphus KEATON, Plaintiff-Appellee, v. The ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, a Corporation, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied September 4, 1963.

Attorney(s) appearing for the Case

John J. Schmidt, Floyd Stuppi, William J. O'Brien, Jr., Chicago, Ill., for defendant-appellant.

Robert J. Cooney, Irving Stenn, Jr., Chicago, Ill., for plaintiff-appellee.

Before HASTINGS, Chief Judge, and SCHNACKENBERG and KILEY, Circuit Judges.

KILEY, Circuit Judge.

This suit is under the Federal Employers' Liability Act.1 Verdict and judgment were for plaintiff. Defendant Santa Fe has appealed.

Plaintiff, a Santa Fe cook, broke his leg when he fell in the vestibule of a pullman car. He had left the diner kitchen of the Super Chief, walked through the pullman car and got off at its vestibule to get provisions at the commissary a short way from the cars. On his return...

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