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TENNESSEE R. CO. v. THOMPSON

No. 5729.

50 F.2d 892 (1931)

TENNESSEE R. CO. v. THOMPSON.

Circuit Court of Appeals, Sixth Circuit.

June 9, 1931.

Attorney(s) appearing for the Case

S. F. Fowler, of Knoxville, Tenn. (J. A. Fowler, of Knoxville, Tenn., on the brief), for appellant.

W. T. Kennerly, of Knoxville, Tenn. (R. L. Pope, Kennerly & Key, and Pope & Pope, all of Knoxville, Tenn., on the brief), for appellee.

Before DENISON, MOORMAN, and HICKENLOOPER, Circuit Judges.

MOORMAN, Circuit Judge.

The material facts in this case are stated in the opinion of this court on the first appeal. 33 F.2d 18. Upon the retrial there was a judgment for plaintiff. On this appeal it is contended that there was no evidence of negligence on the part of the defendant, that the plaintiff assumed the risk of his injury, and that the court erred in refusing to instruct the jury that he assumed the risks arising from the...

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