SOUTHERN RAILWAY COMPANY v. BRYAN

No. 23782.

375 F.2d 155 (1967)

SOUTHERN RAILWAY COMPANY, Appellant, v. Earl N. BRYAN, Appellee.

United States Court of Appeals Fifth Circuit.

April 3, 1967.


Attorney(s) appearing for the Case

John David Jones, Thomas B. Branch, III, Atlanta, Ga., Charles J. Bloch, Macon, Ga., Greene, Neely, Buckley & Derieux, Atlanta, Ga., for appellant.

Stanley P. Meyerson, Atlanta, Ga., Alfred D. Fears, Jackson, Ga., Hatcher, Meyerson, Oxford & Irvin, Atlanta, Ga., for appellee.

Before TUTTLE, Chief Judge, WISDOM, Circuit Judge, and BREWSTER, District Judge.


BREWSTER, District Judge:

The railroad is appealing from a judgment rendered in favor of one of its employees in an action for damages for personal injuries brought under the Federal Employers' Liability Act, 45 U.S. C.A. § 51 et seq., alleging in separate counts a violation of the Boiler Inspection Act, 45 U.S.C.A. § 23, and common law negligence.

The overall question presented here is whether the issue...

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