M. C. Mock v. Chicago, Rock Island and Pacific Railroad Company

HUNTER, District Judge.

This is an appeal from an order of the District Court dismissing appellant’s complaint with prejudice. Jurisdiction is based upon diversity of citizenship under 28 U.S.C. §§ 1332 and 1441.

The facts underlying this appeal are relatively uncomplicated and have been presented upon an agreed statement of the parties. They are as follows. On November 23, 1967, while performing his duties as a railroad conductor, appellant, a twenty-seven year employee of the Railroad, stepped into a hole at the Railroad’s yards in Bauxite, Arkansas. At the time of this incident, appellant…