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CINCINNATI, N. O. & T. P. RY. CO. v. GALLOWAY

No. 5939.

59 F.2d 664 (1932)

CINCINNATI, N. O. & T. P. RY. CO. v. GALLOWAY.

Circuit Court of Appeals, Sixth Circuit.

June 28, 1932.

Attorney(s) appearing for the Case

John Weld Peck, of Cincinnati, Ohio, and H. M. Carr, of Harriman, Tenn., for appellant.

John Jennings, Jr., of Knoxville, Tenn. (Jennings & Wright, of Knoxville, Tenn., on the brief), for appellee.

Before HICKS, HICKENLOOPER, and SIMONS, Circuit Judges.

SIMONS, Circuit Judge.

Arlo Galloway, appellee's decedent, was killed in collision with appellant's freight train at Sunbright, Tenn., while attempting to drive a Ford truck over the public highway crossing at that place. From a judgment in favor of the administrator, who was the plaintiff below, the railroad appealed. The principal assignments of error are directed to the failure of the District Judge to direct a verdict in favor of the defendant at the conclusion...

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