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TEXAS AND NEW ORLEANS RAILROAD CO. v. UNDERHILL

No. 15857.

234 F.2d 620 (1956)

TEXAS AND NEW ORLEANS RAILROAD COMPANY, Appellant, v. C. A. UNDERHILL, Appellee.

United States Court of Appeals Fifth Circuit.

June 8, 1956.

Attorney(s) appearing for the Case

Wyndham K. White, El Paso, Tex., Kemp, Smith, Brown, Goggin & White, El Paso, Tex., Baker, Botts, Andrews & Shepard, Houston, Tex., of counsel, for appellant.

Maurice M. Davis, Ft. Worth, Tex., Howard H. Lewis, Denning Schattman, Fort Worth, Tex., Davis, Schattman & Lewis, Fort Worth, Tex., of counsel, for appellee.

Before TUTTLE, CAMERON and JONES, Circuit Judges.

TUTTLE, Circuit Judge.

This is an appeal from a judgment following a jury's verdict in favor of the plaintiff below for injuries allegedly received by him from a fall off of a freight car, which he claimed resulted from a faulty coupling. It was brought under the Safety Appliance Act.1

The car on which the plaintiff was riding rammed into the diesel engine that was supposed to be pulling it with such force as to throw him to the...

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