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RODRIGUEZ v. DELRAY CONNECTING RAILROAD

No. 72-1455.

473 F.2d 819 (1973)

Marcial RODRIGUEZ, Plaintiff-Appellee, v. DELRAY CONNECTING RAILROAD, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 13, 1973.

Attorney(s) appearing for the Case

E. M. Kronk, Detroit, Mich., for defendant-appellant; Butzel, Long, Gust, Klein & Van Zile, Detroit, Mich., and Addison D. Connor, Detroit, Mich., of counsel, on brief.

L. S. Charfoos, Detroit, Mich., for plaintiff-appellee.

Before PHILLIPS, Chief Judge, and PECK and LIVELY, Circuit Judges.

PHILLIPS, Chief Judge.

Marcial Rodriguez, the appellee, is an employee of the Delray Connecting Railroad, the appellant. He was injured while on the job during an attempt to loosen spikes with a sledge hammer type object known as a spike maul. The particular operation called for one man to loosen rusty spikes with the spike maul followed by other workmen removing the spike with a crow bar. During the occasion in question, Rodriguez, a Spanish speaking employee, had...

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