BROOKS v. SOUTHERN PACIFIC COMPANY

No. 1 CA-CIV 833.

10 Ariz. App. 535 (1969)

460 P.2d 206

Milton BROOKS, a single man, Appellant, v. SOUTHERN PACIFIC COMPANY, a Delaware Corporation and F.E. Whitchen, Phoenix Traffic Manager of Southern Pacific Company, Appellees.

Court of Appeals of Arizona, Division 1. Department A.

Rehearing Denied November 6, 1969.

Review Granted December 16, 1969.


Attorney(s) appearing for the Case

Finn, Meadow & Thrasher, by Stephen T. Meadow, Phoenix, for appellant.

Evans, Kitchel & Jenckes, by Ralph J. Lester, Phoenix, for appellees.


STEVENS, Judge.

The appellant was an employee of the appellee railway. In December of 1963, he suffered both physical and mental injuries in the course of his employment when he slipped and fell from one of the appellee's trains. On 9 June 1967, almost three and one-half years later, he filed a suit against the appellee. His amended complaint, filed 26 September 1967, sought relief under the Federal Employers' Liability Act (FELA), 35 Stat. 65, as amended, 45 U.S...

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