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VIRGINIAN RY. CO. v. STATON

No. 4027.

84 F.2d 133 (1936)

VIRGINIAN RY. CO. v. STATON.

Circuit Court of Appeals, Fourth Circuit.

June 8, 1936.

Attorney(s) appearing for the Case

John R. Pendleton, of Princeton, W. Va. (W. H. T. Loyall and W. C. Plunkett, both of Norfolk, Va., on the brief), for appellant.

Joseph M. Sanders, of Bluefield, W.Va. (Walter G. Burton, of Princeton, W. Va., Grover C. Worrell, of Charleston, W. Va., and Sanders & Day, of Bluefield, W. Va., on the brief), for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

SOPER, Circuit Judge.

The plaintiff in the District Court, a brakeman on the Virginian Railway Company, accidentally lost his right leg during a switching operation when in the course of his duty he attempted to uncouple certain freight cars and cut them from a train. He recovered a judgment of $10,000 in the court below, from which the railway company appealed on the ground that the injury could not be attributed to the failure of the defendant to perform any duty...

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