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ROSE v. ATLANTIC COAST LINE RAILROAD COMPANY

No. 12301.

403 F.2d 204 (1968)

Charles M. ROSE, Appellant, v. ATLANTIC COAST LINE RAILROAD COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided November 14, 1968.

Attorney(s) appearing for the Case

Thomas J. Lewis, Jr., Atlanta, Ga. (Peter D. Hyman and E. Lee Morgan, Jr., Florence, S. C., on brief) for appellant.

Hugh L. Willcox, Florence, S. C. (Willcox, Hardee, Houck, Palmer & O'Farrell, Florence, S. C. on brief) for appellee.

Before BRYAN and WINTER, Circuit Judges, and McMILLAN, District Judge.

PER CURIAM:

On the Federal Employers' Liability Act, 45 U.S.C. §§ 51-60, and the Safety Appliance Act, 45 U.S.C. § 11, flagman Charles M. Rose sought damages from his employer, the Atlantic Coast Line Railroad Company, for injuries he suffered in a fall from a coal car on February 4, 1965, while working in the Florence, South Carolina yards. At the time, he was endeavoring to release the hand brakes of the car.

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