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PINSON v. KANSAS CITY SOUTHERN RY. CO.

No. 5570.

37 F.2d 652 (1930)

PINSON v. KANSAS CITY SOUTHERN RY. CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 7, 1930.

Attorney(s) appearing for the Case

Wright Patman, of Texarkana, Tex., and George T. Bartlett, of Linden, Tex. (G. T. Bartlett, of Linden, Tex., Wright Patman, of Texarkana, Tex., C. R. Newland, of Linden, Tex., and D. D. Newman, of Leesville, La., on the brief), for appellant.

J. Q. Mahaffey, of Texarkana, Tex. (J. Q. Mahaffey, of Texarkana, Tex., F. H. Moore, of Kansas City, 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.

DAWKINS, District Judge.

The issues of this case are fully stated in the opinion on the previous appeal of the defendant, and will not be repeated here. 23 F.2d 247. A verdict for the plaintiff was therein set aside, for the reason that the evidence was found insufficient to show negligence on the part of the railroad company. On the second trial, after the plaintiff had completed her proof, and before defendant had offered any evidence...

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