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PULLMAN CO. v. CULBRETH

No. 4291.

2 F.2d 540 (1924)

PULLMAN CO. v. CULBRETH.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied December 5, 1924.

Attorney(s) appearing for the Case

George W. Jones and C. P. McIntyre, both of Montgomery, Ala. (E. Perry Thomas, of Montgomery, Ala., and George A. Kelly, of Chicago, Ill., on the brief), for plaintiff in error.

W. W. Hill, Wiley C. Hill, and Richard T. Rives, all of Montgomery, Ala. (Powell, Albritton & Albritton, of Andalusia, Ala., and Hill, Hill, Whiting, Thomas & Rives, of Montgomery, Ala., on the brief), for defendant in error.

Before WALKER and BRYAN, Circuit Judges, and ESTES, District Judge.

BRYAN, Circuit Judge.

The plaintiff, a woman, sued the Pullman Company, defendant for damages suffered by her as the result of a violent assault. The defendant is charged with negligence for failure to prevent the assault from being made, and also from being continued after it had been made. The plaintiff was a passenger on one of defendant's sleeping cars, and during the usual hours for sleeping, about daylight in the morning, she was violently assaulted while in...

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