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BROOKS v. SOUTHERN RY. CO.

No. 8123.

86 F.2d 920 (1936)

BROOKS v. SOUTHERN RY. CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 12, 1937.

Attorney(s) appearing for the Case

Winfield P. Jones and W. S. Bateman, both of Atlanta, Ga., for appellant.

G. E. Maddox, of Rome, Ga., for appellee.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.

FOSTER, Circuit Judge.

This is a suit by a passenger on a railroad to recover damages for personal injuries. The only error assigned is to the direction of a verdict for defendant.

The following facts are shown by undisputed evidence: Plaintiff, Reese Brooks, was a passenger on a train, owned and operated by defendant, on a trip from Atlanta to Villa Rica, Ga., a flag station, on the night of December 27, 1934. The night was dark and rainy. The train consisted...

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