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ANDERSON v. LOUISIANA & ARKANSAS RAILWAY COMPANY

No. 31085.

457 F.2d 784 (1972)

Robert ANDERSON, Plaintiff-Appellee, v. LOUISIANA & ARKANSAS RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 31, 1972.

Attorney(s) appearing for the Case

F. Frank Fontenot, Milling, Saal, Benson, Woodward & Hillyer, New Orleans, La., for defendant-appellant.

Orlando G. Bendana, New Orleans, La., for plaintiff-appellee.

Before JONES, BELL and GODBOLD, Circuit Judges.

JONES, Circuit Judge:

In the late evening of October 31, 1968, a switch engine of the Louisiana & Arkansas Railroad Company was being operated in the terminal yards at New Orleans, Louisiana, by C. A. Ledbetter as engineer and Robert Anderson as fireman. An altercation between them resulted in a fight. Ledbetter pulled a revolver from his handbag and pointed it at Anderson. Anderson slumped to the floor of the cab of the locomotive with what turned out to be a...

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