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HYLTON v. SOUTHERN RAILWAY CO.

No. 7241.

87 F.2d 393 (1937)

HYLTON v. SOUTHERN RAILWAY CO.

Circuit Court of Appeals, Sixth Circuit.

January 13, 1937.

Attorney(s) appearing for the Case

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

Chas. H. Smith, of Knoxville, Tenn. (J. A. Susong, of Greeneville, Tenn., and S. R. Prince, Sidney S. Alderman, and H. O'B. Cooper, all of Washington, D. C., on the brief), for appellee.

Before SIMONS and ALLEN, Circuit Judges, and HAHN, District Judge.

HAHN, District Judge.

This is the second appearance of this case in this court. Our former decision is reported as Southern Railway Company v. Hylton, 37 F.2d 843 (certiorari denied 281 U.S. 745, 50 S.Ct. 351, 74 L.Ed. 1158). The facts as there stated will not be repeated here. At the last trial the District Judge directed a verdict in favor of the railway company.

From a careful consideration of the testimony taken at the...

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