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KIRCH v. ATLANTIC COAST LINE R. CO.

No. 5647.

38 F.2d 963 (1930)

KIRCH v. ATLANTIC COAST LINE R. CO.

Circuit Court of Appeals, Fifth Circuit.

March 5, 1930.

Attorney(s) appearing for the Case

Frank Clark, Jr., and Dunbar H. Johnson, Jr., both of Miami, Fla., for appellant.

W. McL. Christie, of Ft. Myers, Fla. (Doggett, Christie & Doggett, of Jacksonville, Fla., and Henderson & Franklin, of Ft. Myers, Fla., on the brief), for appellee.

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

BRYAN, Circuit Judge.

This is an action by appellant to recover damages for the death of her husband, Charles J. Kirch, who was killed as a result of an automobile in which he was riding being struck by a train of the appellee railroad company at a public grade crossing in Hillsborough county, Fla.

The declaration alleges that Kirch was a guest of the driver of the automobile, and that the railroad company was negligent, in that its train was being run "at...

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