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SOUTHERN RY. CO. v. HYLTON

No. 5258.

37 F.2d 843 (1930)

SOUTHERN RY. CO. v. HYLTON.

Circuit Court of Appeals, Sixth Circuit.

January 28, 1930.

Attorney(s) appearing for the Case

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

J. A. Fowler, of Knoxville, Tenn. (S. F. Fowler, and Fowler & Fowler, all of Knoxville, Tenn., on the brief), for appellee.

Before DENISON, MOORMAN, and HICKENLOOPER, Circuit Judges.

DENISON, Circuit Judge.

Hylton was a freight engineer running to Knoxville from the west on the Southern. Between Knoxville and Clinton a "steel gang," of which Majors was foreman, was engaged in relaying rails, working west. Hylton with his train encountered this gang between mileposts 15 and 14 west from Knoxville; the track was in an unsafe condition; the engine was derailed, and Hylton was killed. This action was brought to recover damages for his death; the court...

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