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

No. 28624.

426 F.2d 1095 (1970)

P. M. ALMENDAREZ, Plaintiff-Appellee, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 28, 1970.

Attorney(s) appearing for the Case

John J. McKay, Austin, Tex., for defendant-appellant.

Tom Curtis, Mary Joe Carroll, Austin, Tex., Payne H. Ratner, Jr., Wichita, Kan., for plaintiff-appellee.

Before THORNBERRY, COLEMAN and INGRAHAM, Circuit Judges.

INGRAHAM, Circuit Judge.

The Atchison, Topeka and Santa Fe Railway Company (the railroad) appeals from a jury verdict finding it liable to one of its employees, Almendarez (the plaintiff), for back injuries he sustained while working upon the railroad's rightof-way. The injury occurred while the plaintiff and three other section laborers were engaged in carrying a 200-pound "light carriage" from an area adjacent to the railroad tracks toward the tracks. The plaintiff...

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