GRAY v. MISSOURI PAC. RY. CO.

No. 4887.

23 F.2d 190 (1928)

GRAY v. MISSOURI PAC. RY. CO.

Circuit Court of Appeals, Sixth Circuit.

January 3, 1928.


Attorney(s) appearing for the Case

A. C. Muir, of Memphis, Tenn. (Neuhardt & Muir, of Memphis, Tenn., on the brief), for plaintiff in error.

J. W. Canada and Edward P. Russell, both of Memphis, Tenn. (Canada, Williams & Russell, of Memphis, Tenn., on the brief), for defendant in error.

Before DENISON and MACK, Circuit Judges, and HICKENLOOPER, District Judge.


PER CURIAM.

Plaintiff below complains of an instruction to find a verdict against him in his action for injuries suffered when the automobile he was driving was struck by the railroad train upon a highway crossing. Defendant claims that contributory negligence appears by the inevitable inferences from the undisputed facts. B. & O. Ry. v. Goodman, 48 S.Ct. 24, 72 L. Ed. ___, Oct. 31, 1927.

The accident happened in Arkansas, where the so-called lookout statute...

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