KELLEY v. SOUTHERN PACIFIC COMPANY

No. 71-2262.

486 F.2d 1084 (1973)

Eugene C. KELLEY, Appellee, v. SOUTHERN PACIFIC COMPANY, a corporation, Appellant.

United States Court of Appeals, Ninth Circuit.

September 7, 1973.


Attorney(s) appearing for the Case

Donald O. Roy (argued), John J. Corrigan, San Francisco, Cal., for appellant.

R. Jay Engel, San Francisco, Cal., for appellee.

Before HASTIE, BROWNING and WRIGHT, Circuit Judges.


HASTIE, Circuit Judge.

This is an appeal by Southern Pacific Co., a railroad, from a money judgment recovered by Eugene Kelley, a workman, in an action for negligent injury under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq.

The only matter in dispute is whether the relationship between Kelley and Southern Pacific was such as to bring the tort in suit within the coverage of the F.E.L.A. By agreement of the parties, the issues, factual as...

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