SOUTHERN RY. CO. v. LEWIS

Nos. 5255, 5256.

37 F.2d 340 (1930)

SOUTHERN RY. CO. v. LEWIS. SAME v. WASMANN.

Circuit Court of Appeals, Sixth Circuit.

January 20, 1930.


Attorney(s) appearing for the Case

Charles H. Smith, of Knoxville, Tenn. (H. O'B. Cooper, of Washington, D. C., and J. A. Susong, of Greeneville, Tenn., on the brief), for appellant.

W. T. Kennerly, of Knoxville, Tenn. (Kennerly & Key and Green, Webb & Bass, all of Knoxville, Tenn., on the brief), for appellees.

Before DENISON, MOORMAN, and HICKENLOOPER, Circuit Judges.


PER CURIAM.

In these actions for damages for injuries received at a railroad crossing, the jury found for defendant on the common-law counts, but for plaintiffs on the statutory counts. The only question before us is whether there should have been directed verdicts for defendant on these latter counts.

It was the duty of the defendant, under the statutes, to have some one on its engine to maintain a lookout, and when the plaintiffs appeared "upon the road...

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