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SOUTHERN RY. CO. v. MONTGOMERY

No. 6058.

46 F.2d 990 (1931)

SOUTHERN RY. CO. v. MONTGOMERY.

Circuit Court of Appeals, Fifth Circuit.

February 18, 1931.

Attorney(s) appearing for the Case

R. H. Scrivner, of Birmingham, Ala., Ely B. Mitchell, of Corinth, Miss., and J. T. Stokely, of Birmingham, Ala. (T. A. Clark, of Iuka, Miss., on the brief), for appellant.

Jas. A. Cunningham, of Booneville, Miss. (Floyd W. Cunningham, of Booneville, Miss., on the brief), for appellee.

Before FOSTER, Circuit Judge, and GRUBB and DAWKINS, District Judges.

FOSTER, Circuit Judge.

Appellee recovered judgment against appellant for $25,000, damages for personal injuries caused by his automobile being run into and himself injured on a grade crossing of appellant's railroad. Briefly stated, the declaration alleges that plaintiff stopped his car and killed his engine on a public road before crossing the track; that a freight train was being switched on the track and his view was obscured by other cars standing on the switch...

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