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BEARD v. ATCHISON, TOPEKA & SANTA FE RY. CO.

Docket No. 34054.

4 Cal.App.3d 129 (1970)

84 Cal. Rptr. 449

ALFRED BEARD, a Minor, etc., Plaintiff and Appellant, v. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Defendant and Respondent.

Court of Appeals of California, Second District, Division Two.

February 5, 1970.

Attorney(s) appearing for the Case

COUNSEL

Irving H. Green and Eliot B. Feldman for Plaintiff and Appellant.

John J. Balluff, Matthew H. Witteman, Henry M. Moffatt, Neal W. McCrory, John J. Schimmenti, and Richard L. Rosett for Defendant and Respondent.

OPINION

FLEMING, J.

Action for personal injuries. Plaintiff Alfred Beard, age 14, attempted to board a moving freight train operated by defendant Santa Fe Railway, fell onto the track, and lost both his legs beneath the wheels. In his first count he pleaded the railroad's negligence; in his second count its violation of the Federal Safety Appliance Act (45 U.S.C. § 11) in maintaining a box car sill step in an unsafe condition...

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