DUNAGAN v. APPALACHIAN POWER CO.

No. 2807.

33 F.2d 876 (1929)

DUNAGAN v. APPALACHIAN POWER CO.

Circuit Court of Appeals, Fourth Circuit.

July 1, 1929.


Attorney(s) appearing for the Case

William H. Werth, of Tazewell, Va., for appellant.

Robert E. Scott, of Richmond, Va., and George Richardson, Jr., of Bluefield, W. Va., for appellee.

Before WADDILL, PARKER, and NORTHCOTT, Circuit Judges.


PARKER, Circuit Judge.

This is the third appeal by the plaintiff, Ellen Mary Dunagan, administratrix of Emery Dunagan, deceased, from a verdict and judgment in favor of the Appalachian Power Company. On the first appeal we awarded a new trial because the judge below directed a verdict for defendant, whereas we thought that as the record then stood there was sufficient evidence of negligence to take the case to the jury, and that the evidence of contributory negligence...

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