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EDWARDS v. WESTERN & ATLANTIC R.

No. 75-2850.

552 F.2d 137 (1977)

James David EDWARDS, Plaintiff-Appellant, v. WESTERN & ATLANTIC RAILROAD, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 24, 1977.

Attorney(s) appearing for the Case

T. J. Lewis, Jr., Atlanta, Ga., for plaintiff-appellant.

Hugh M. Dorsey, Jr., Richard M. Kirby, Atlanta, Ga., for defendant-appellee.

Before MORGAN and FAY, Circuit Judges, and HUNTER, District Judge.

PER CURIAM:

Plaintiff James David Edwards, a railroad switchman, sued his employer, defendant Western & Atlantic Railroad, under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq. Plaintiff alleged that the railroad's negligence in maintaining a path next to some railroad tracks had caused injury to his ankle when he climbed off a train to throw a switch and stepped on a rock.

The railroad denied liability on the ground, inter alia...

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