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SOUTHERN RAILWAY COMPANY v. GRIMES

No. 4328.

5 F.2d 1022 (1925)

SOUTHERN RAILWAY COMPANY, Plaintiff in Error, v. J. H. GRIMES, Administrator of Lowe McNabb, Defendant in Error.

Circuit Court of Appeals, Sixth Circuit.

June 10, 1925.

Attorney(s) appearing for the Case

Charles H. Smith, of Knoxville, Tenn., for plaintiff in error.

H. G. Fowler, of Knoxville, Tenn. (Fowler & Fowler, of Knoxville, Tenn., on the brief), for defendant in error.

Before DENISON, DONAHUE, and MOORMAN, Circuit Judges.

PER CURIAM.

We are not able to say that there was no evidence from which the jury had the right to infer that the engineer should, in the exercise of due care, have given some warning to McNabb. We observe that at what may have been a distance of 100 or 150 feet and over a time interval of two or three seconds it was necessarily apparent to the engineer that all the others of the section gang, including the one 3 feet from McNabb, had jumped back out of the way, but...

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