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TEAGUE v. ST. LOUIS SOUTHWESTERN RY. CO.

No. 5569.

36 F.2d 217 (1929)

TEAGUE v. ST. LOUIS SOUTHWESTERN RY. CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied December 20, 1929.

Attorney(s) appearing for the Case

Wright Patman, of Texarkana, Tex. (J. A. R. Moseley, Jr., and S. I. Robison, both of Texarkana, Tex., and George W. Johnson, of New Boston, Tex., on the brief), for appellant.

J. Q. Mahaffey, of Texarkana, Tex. (J. R. Turney, of St. Louis, Mo., and John J. King, J. I. Wheeler, and C. E. Bryson, all of Texarkana, Tex., on the brief), for appellee.

Before BRYAN and FOSTER, Circuit Judges, and DAWKINS, District Judge.

BRYAN, Circuit Judge.

This is an action for damages which resulted from a train of the appellee railroad company striking appellant's automobile truck which he was driving, and injuring him, at a grade crossing in the city of Texarkana, Ark. It was based on the alleged negligence of appellee in failing to maintain a proper warning of the approach of the train.

The collision occurred in the daytime on Jackson street where the railroad crosses it at slightly...

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