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WM. A. SMITH CONST. CO. v. BRUMLEY

No. 1476.

88 F.2d 803 (1937)

WM. A. SMITH CONST. CO., Inc., v. BRUMLEY.

Circuit Court of Appeals, Tenth Circuit.

March 15, 1937.

Attorney(s) appearing for the Case

Hal C. Thurman, of Oklahoma City, Okl. (Harold C. Thurman, of Oklahoma City, Okl., on the brief), for appellant.

Richard W. Fowler, of Oklahoma City, Okl. (Tomerlin, Chandler & Shelton, of Oklahoma City, Okl., Turner M. King, of Ada, Okl., and John W. Swinford, of Oklahoma City, Okl., on the brief), for appellee.

Before PHILLIPS and BRATTON, Circuit Judges, and JOHNSON, District Judge.

PHILLIPS, Circuit Judge.

Brumley brought this action against the Construction Company to recover damages for personal injuries and for damage to his automobile resulting from a collision between the automobile and a work train of the Construction Company consisting of an engine, six empty flat cars next to the engine and five empty gondola cars at the rear, at a railway crossing on a branch line of the Atchison, Topeka & Santa Fe Railway Company near Ada, Oklahoma...

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