MISSOURI PACIFIC RAILROAD COMPANY v. WINBURN TILE MFG. CO.

No. 71-1194.

461 F.2d 984 (1972)

MISSOURI PACIFIC RAILROAD COMPANY, Appellant, v. WINBURN TILE MANUFACTURING COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 6, 1972.


Attorney(s) appearing for the Case

Robert V. Light, Little Rock, Ark., William J. Smith, Little Rock, Ark., of counsel, for appellant.

James D. Storey, Wright, Lindsey & Jennings, Little Rock, Ark., for appellee.

Before GIBSON and HEANEY, Circuit Judges, and VAN PELT, Senior District Judge.


VAN PELT, Senior District Judge.

This action was brought by the Missouri Pacific Railroad Company to recover from the Winburn Tile Company amounts paid an injured railroad switchman, Carl Randell Breece, under the Federal Employers' Liability Act. The case was tried to a jury, which found that both of the parties were negligent; that such negligence was the proximate cause of the employee's injuries; that the railroad had acquiesced in the tile company's negligence...

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