GULF, COLORADO & SANTA FE RAILWAY COMPANY v. McCLELLAND

No. 22329.

355 F.2d 196 (1966)

GULF, COLORADO & SANTA FE RAILWAY COMPANY, Appellant, v. Robert McCLELLAND, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 11, 1966.


Attorney(s) appearing for the Case

Chilton O'Brien, Beaumont, Tex., McLeod, Alexander, Powel & Apffel, Galveston, Tex., of counsel, for appellant.

Joe Bob Golden, Joe H. Tonahill, Jasper, Tex., for appellee.

Before TUTTLE, Chief Judge, COLEMAN, Circuit Judge, and HUNTER, District Judge.


TUTTLE, Chief Judge:

This appeal from a verdict and judgment in favor of this former railroad employee for injuries by which he suffered from contact dermatitis resulting from his exposure to hot engines and the surrounding conditions, is based primarily upon the failure of the trial court to submit to the jury the issue upon which the trial court could determine when the cause of action "accrued." The suit was filed under the Federal Employers' Liability Act, 45...

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