BENEFIELD v. WOODS BROS. CONST. CO.

No. 4798.

17 F.2d 371 (1927)

BENEFIELD v. WOODS BROS. CONST. CO.

Circuit Court of Appeals, Fifth Circuit.

February 15, 1927.


Attorney(s) appearing for the Case

J. H. Mize, of Gulfport, Miss. (Mize & Mize and J. L. Taylor, all of Gulfport, Miss., on the brief), for plaintiff in error.

Jas. A. Leathers, of Gulfport, Miss. (Leathers & Sykes, of Gulfport, Miss., on the brief), for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


FOSTER, Circuit Judge.

Plaintiff in error, hereafter referred to as plaintiff, brought suit against defendant in error, hereafter called defendant, to recover damages for personal injuries alleged to have been caused by the negligence of defendant. At the close of the evidence the District Court directed a verdict in favor of defendant. Error is assigned thereto.

The declaration in substance alleges that defendant owns a line of railway extending along the...

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