NORFOLK & W. RY. CO. v. HOLBROOK

Nos. 5026-5028.

27 F.2d 326 (1928)

NORFOLK & W. RY. CO. v. HOLBROOK.

Circuit Court of Appeals, Sixth Circuit.

July 6, 1928.


Attorney(s) appearing for the Case

Homer E. Holt and John H. Holt, both of Huntington, W. Va. (Holt, Duncan & Holt, of Huntington, W. Va., on the brief), for plaintiff in error.

John M. Waugh, of Ashland, Ky. (Waugh & Howerton, of Ashland, Ky., on the brief), for defendant in error.

Before DENISON, MOORMAN, and KNAPPEN, Circuit Judges.


DENISON, Circuit Judge.

When his automobile was struck by a railway train at a highway crossing, Holbrook was badly injured and his wife and child killed. On his own behalf and as administrator of each deceased, he brought these suits in the court below; they were for convenience tried as one, and there was a verdict for the plaintiff in each. This appeal sharply presents two questions of law: Was there a lack of any evidence showing the railroad's negligence? and...

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