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SOUTHERN RAILWAY COMPANY v. FOOTE MINERAL COMPANY

Nos. 17393-17394.

384 F.2d 224 (1967)

SOUTHERN RAILWAY COMPANY, Plaintiff-Appellant, v. FOOTE MINERAL COMPANY, Defendant-Appellee. SOUTHERN RAILWAY COMPANY, Plaintiff-Appellee, v. FOOTE MINERAL COMPANY, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

September 20, 1967.

Attorney(s) appearing for the Case

Clyde W. Key, Knoxville, Tenn., for Southern Railway.

J. H. Doughty, Knoxville, Tenn., for Foote Mineral, Hodges, Doughty & Carson, Knoxville, Tenn., of counsel.

Before PHILLIPS, EDWARDS and CELEBREZZE, Circuit Judges.

PHILLIPS, Circuit Judge.

A railroad switchman was killed by a large rock which fell from an overhead conveyor belt while a railroad car was passing underneath the conveyor. The conveyor belt was maintained by Foote Mineral Company (Foote) as a part of its operation of a lime producing plant, which was served by three industrial tracks connected with the railroad's main line.

The railroad company (Southern) paid $50,000 to the estate of its deceased employee...

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