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NIVENS v. ST. LOUIS SOUTHWESTERN RAILWAY COMPANY

No. 28251.

425 F.2d 114 (1970)

Don NIVENS, Plaintiff-Appellee, v. ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 20, 1970.

Attorney(s) appearing for the Case

Jack W. Flock, Clyde W. Fiddes, Roy Cosper, Tyler, Tex., for defendant-appellant.

Franklin Jones, Jr., Franklin Jones, Sr., Marshall, Tex., for plaintiff-appellee.

Before WISDOM, GOLDBERG and INGRAHAM, Circuit Judges.

INGRAHAM, Circuit Judge.

The St. Louis Southwestern Railway Co. (the railroad) appeals from a jury verdict holding it liable under § 1 of the Federal Employers' Liability Act1 (the Act) for injuries incurred by one of its brakemen, the appellee (Nivens) in a train derailment. The accident occurred when the appellant's train ran aground in a drainage culvert which had washed out in a rainstorm.

Nivens' suit sought alternative...

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