SOUTHERN RY. CO. v. STEARNS BROS.

No. 2741.

28 F.2d 560 (1928)

SOUTHERN RY. CO. v. STEARNS BROS., Inc.

Circuit Court of Appeals, Fourth Circuit.

October 16, 1928.


Attorney(s) appearing for the Case

John M. Robinson, of Charlotte, N. C. (S. E. Vest, of Charlotte, N. C., on the brief), for appellant.

Edward M. Land, of Statesville, N. C. (Turner & Turner, of Statesville, N. C., on the brief), for appellee.

Before WADDILL and PARKER, Circuit Judges, and SOPER, District Judge.


PARKER, Circuit Judge.

This was an action at law instituted by Stearns Bros., Inc., hereafter called the plaintiff, against the Southern Railway Company, hereafter called defendant, to recover for damage alleged to have been done to an asphalt paving plant of plaintiff located on defendant's right of way. The complaint alleged that the paving plant was located near the track of defendant at Kings Mountain, N. C., and that while shifting cars nearby defendant's servants...

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