McBEE v. ATCHISON, TOPEKA & SANTA FE RAILWAY. CO.

No. 311.

457 P.2d 987 (1969)

80 N.M. 468

James M. McBEE, Plaintiff-Appellant, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Corporation, Defendant-Appellee.

Court of Appeals of New Mexico.

August 1, 1969.


Attorney(s) appearing for the Case

Lorenzo A. Chavez, Melvin L. Robins and Monte Lee Sherrod, Albuquerque, for plaintiff-appellant.

B.G. Johnson, J.J. Monroe, Iden & Johnson, Albuquerque, for defendant-appellee.


OPINION

SPIESS, Chief Judge.

This appeal is by plaintiff-appellant, McBee, from a judgment based on a jury verdict in favor of defendant, railway company. The case is governed by and arises under the Federal Employers' Liability Act, 45 U.S.C.A. Sec. 51 et seq. McBee, an employee of the railway company, claims to have been injured as he was operating a switch in the railway company's yard at Albuquerque. He says that he "was in the customary position to throw...

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