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FELIX v. BURLINGTON NORTHERN INC.

No. 4-72 Civ. 60.

355 F.Supp. 1107 (1973)

Leonard J. FELIX, Plaintiff, v. BURLINGTON NORTHERN INC., Defendant.

United States District Court, D. Minnesota, Fourth Division.

February 23, 1973.

Attorney(s) appearing for the Case

Fredrikson, Byron, Colborn, Bisbee, Hansen & Perlman, by S. Charles Sorenson, Jr., Minneapolis, Minn., for plaintiff.

Kurt W. Kroschel, St. Paul, Minn., for defendant.

NEVILLE, District Judge.

This action is brought under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq., for personal injury damages. The complaint alleges the following facts. In May of 1962 in the course of his employment by defendant, plaintiff fell from a moving railroad car and collided with a "stop board", an upright 4 × 4 post, alongside the track on which the car was moving. At the time of plaintiff's accident the stop board had no function...

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