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CADDELL v. POWELL

No. 3588.

70 F.2d 123 (1934)

CADDELL v. POWELL et al.

Circuit Court of Appeals, Fourth Circuit.

On Rehearing May 2, 1934.

Attorney(s) appearing for the Case

Leon S. Brassfield and Clyde A. Douglass, both of Raleigh, N. C. (William B. Jones, of Raleigh, N. C., and J. B. Saintsing, Jr., of Wake Forest, N. C., on the brief), for appellant.

Murray Allen, of Raleigh, N. C., for appellees.

Before PARKER and SOPER, Circuit Judges, and WILLIAM C. COLEMAN, District Judge.

PARKER, Circuit Judge.

This is a railroad crossing accident case in which verdict was directed for the defendants on the issue of negligence. Defendants, while contending that the action of the lower court in directing verdict on this ground was correct, contend also that verdict should be sustained on the additional ground that the evidence shows conclusively that the death of plaintiff's intestate was the result of contributory negligence on his part. Two questions...

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