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HORN v. ATCHISON, T. & S. F. RY. CO.

Docket No. L.A. 27850.

61 Cal.2d 602 (1964)

394 P.2d 561

39 Cal. Rptr. 721

ARTHUR W. HORN, Plaintiff and Respondent, v. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Defendant and Appellant.

Supreme Court of California. In Bank.

August 11, 1964.

Attorney(s) appearing for the Case

John J. Balluff, Henry M. Moffat, Edward J. Riordan, Welsh & Cummins, J.H. Cummins and Robert W. Walker for Defendant and Appellant.

Boccardo, Blum, Lull, Niland, Teerlink & Bell and Edward J. Niland for Plaintiff and Respondent.

PEEK, J.

Defendant railway appeals from a judgment for plaintiff in an action for personal injuries brought under the Federal Employers Liability Act (45 U.S.C.A. § 51) and the Safety Appliance Act (45 U.S.C.A. § 2).

Plaintiff, who was 21 years of age and had been employed for several years by defendant, was working as a brakeman on a switch engine in defendant's yard at Blythe. He uncoupled a caboose from the engine, and as the engine pulled away...

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