CINCINNATI, N. O. & T. P. R. CO. v. RIMMER

No. 5259.

37 F.2d 668 (1930)

CINCINNATI, N. O. & T. P. R. CO. v. RIMMER.

Circuit Court of Appeals, Sixth Circuit.

January 28, 1930.


Attorney(s) appearing for the Case

Charles H. Smith, of Knoxville, Tenn. (John Weld Peck, of Cincinnati, Ohio, on the brief), for appellant.

W. T. Kennerly, of Knoxville, Tenn. (Kennerly & Key, of Knoxville, Tenn., on the brief), for appellee.

Before DENISON, MOORMAN, and HICKENLOOPER, Circuit Judges.


PER CURIAM.

While attempting to drive an automobile along the highway crossing of the railroad at grade, Rimmer was struck by a train and killed. In an action in the court below, founded in part upon the Tennessee Precautions Act (subsection 4, section 1574, Shannon's Code), and in part upon the common-law rules, Rimmer's estate had judgment. The questions presented to us are whether a verdict should have been directed for...

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