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CHESAPEAKE & O. RY. CO. v. WAID

No. 2678.

25 F.2d 366 (1928)

CHESAPEAKE & O. RY. CO. v. WAID.

Circuit Court of Appeals, Fourth Circuit.

April 10, 1928.

Attorney(s) appearing for the Case

C. W. Strickling, of Huntington, W. Va. (Douglas W. Brown, C. N. Davis, and Fitzpatrick, Brown & Davis, all of Huntington, W. Va., on the brief), for plaintiff in error.

Ashton File, of Beckley, W. Va., and A. G. Fox, of Bluefield, W. Va. (File, Goldsmith & Scherer, of Beckley, W. Va., and Sanders, Crockett, Fox & Sanders, of Bluefield, W. Va., on the brief), for defendant in error.

Before PARKER and NORTHCOTT, Circuit Judges, and WEBB, District Judge.

PARKER, Circuit Judge.

This is the second time that this case has been before us. On the former hearing we held that there was error in directing a verdict for defendant, and granted a new trial. 14 F.2d 90. On the new trial there was a verdict and judgment for plaintiff, and defendant now complains because the court did not again direct a verdict in its favor. The evidence on the second trial was substantially the same as upon the...

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