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SEARS v. SOUTHERN PACIFIC COMPANY

No. 17067.

313 F.2d 498 (1963)

Raymond L. SEARS, Appellant, v. SOUTHERN PACIFIC COMPANY, a Corporation, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied February 26, 1963.

Attorney(s) appearing for the Case

Hepperle & Hepperle and Robert R. Hepperle, San Francisco, Cal., and George Olshausen, San Francisco, Cal., for appellant.

Dunne, Dunne & Phelps and R. Mitchell S. Boyd, San Francisco, Cal., for appellee.

Before HAMLEY, HAMLIN and KOELSCH, Circuit Judges.

KOELSCH, Circuit Judge.

Plaintiff prosecuted this suit under the provisions of the Federal Employers' Liability Act [53 Stat. 1404 (1939), 45 U.S.C. §§ 51-60 (1958)], to recover damages for personal injuries sustained while employed as a brakeman by the defendant, Southern Pacific Company.

The facts can be simply stated. The defendant operated a spur track on the property of Evans Products Company. At the side of the track Evans maintained a machine...

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