DeLaCRUZ v. ATCHISON, TOPEKA AND SANTA FE RAILWAY CO.

No. 26062.

405 F.2d 459 (1968)

Manuel O. DeLaCRUZ, Appellant, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 15, 1969.


Attorney(s) appearing for the Case

Otto B. Mullinax, Mullinax, Wells, Mauzy, Levy & Richards, Dallas, Tex., for appellant.

Joe Bruce Cunningham, Hudson, Keltner, Smith & Cunningham, Fort Worth, Tex., for appellee.

Before ALDRICH, GODBOLD and DYER, Circuit Judges.


ALDRICH, Circuit Judge:

This is an FELA action brought against the Atchison, Topeka and Santa Fe Railway Company by Manuel O. DeLaCruz for injuries sustained while working under a locomotive in a pit as a result of the locomotive's being struck by a section of cars that was being moved on a repair track. The trial resulted in a verdict for the plaintiff, reduced, however, by a special finding of 50% contributory negligence. On plaintiff's appeal the principal objections...

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