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BALTIMORE & O. R. CO. v. FIDELITY STORAGE CO.

No. 4067.

2 F.2d 310 (1924)

BALTIMORE & O. R. CO. v. FIDELITY STORAGE CO.

Court of Appeals of District of Columbia.

Decided November 3, 1924.

Rehearing Denied November 29, 1924.

Attorney(s) appearing for the Case

G. E. Hamilton, J. J. Hamilton, G. E. Hamilton, Jr., Edmund Brady, and Henry R. Gower, all of Washington, D. C., for appellant.

C. H. Merillat, of Washington, D. C., for appellee.

Before MARTIN, Chief Justice, and ROBB and VAN ORSDEL, Associate Justices.

VAN ORSDEL, Associate Justice.

Appellee, plaintiff below, sued defendant railroad company to recover damages for the destruction of plaintiff's furniture moving van, mounted on a motor truck. From a verdict and judgment in favor of plaintiff, this appeal was taken.

It appears that the truck was struck by a train of defendant company at a grade crossing of a country road over the defendant's railway tracks in Morgan county, W. Va. The crossing was on the road...

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