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WATTIGNEY v. SOUTHERN PACIFIC COMPANY

No. 26765.

411 F.2d 854 (1969)

Raymond WATTIGNEY, Plaintiff-Appellee, v. SOUTHERN PACIFIC COMPANY, Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 16, 1969.

Attorney(s) appearing for the Case

Harry McCall, Jr., V. Gerald Dean, Chaffe, McCall, Phillips, Burke, Toler & Hopkins, New Orleans, La., for defendant-appellant.

Robert G. Heller, John J. Cummings, III, John J. Pisa, New Orleans, La., for plaintiff-appellee.

Before COLEMAN and GOLDBERG, Circuit Judges, and SKELTON, Judge of the Court of Claims.

COLEMAN, Circuit Judge:

This is a Federal Employers Liability Act case. Suit was instituted by Raymond Wattigney against his employer, the Southern Pacific Company, to recover for personal injuries allegedly suffered by him during the course of his employment and as a result of employer negligence.

At the first trial, the jury, finding the defendant negligent and the plaintiff contributorily negligent, returned a...

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