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SMITH v. CHICAGO, ROCK ISLAND & PACIFIC RAILROAD CO.

No. 45883.

525 P.2d 1404 (1973)

Rex A. SMITH, Appellant, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, a corporation, Appellee.

Court of Appeals of Oklahoma, Division No. 1.

Rehearing Denied January 8, 1974.

Certiorari Denied March 26, 1974.

Released for Publication September 12, 1974.

Attorney(s) appearing for the Case

Stipe, Gossett & Stipe, McAlester, James E. Driscoll, Seminole, for appellant.

Donald R. Wilson of Benefield, Shelton & Johnson, Oklahoma City, for appellee.

Released for Publication by Order of the Court of Appeals, September 12, 1974.

BAILEY, Presiding Judge:

The plaintiff brought this action for personal injuries sustained by him on February 20, 1969, arising out of an industrial accident under the Federal Employers' Liability Act. Plaintiff, as defendant's employee, was riding in the caboose of a train which stopped unexpectedly. He was thrown from his seat into the...

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