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ATCHISON, T. & S. F. RY. CO. v. BALLARD

No. 9161.

108 F.2d 768 (1940)

ATCHISON, T. & S. F. RY. CO. v. BALLARD.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied February 7, 1940.

Attorney(s) appearing for the Case

Thornton Hardie, of El Paso, Tex., for appellant.

Walker Saulsbury and Byron Skelton, both of Temple, Tex., for appellee.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.

HUTCHESON, Circuit Judge.

When this case was here before,1 it was on an appeal from a judgment on a verdict directed against appellant then, appellee now, on the ground that the primary cause of the "collision" was the negligence of plaintiff, in not operating his train at restricted speed, within the yard limits of the station at Hagerman.

On this appeal, the railway company, assigning other grounds too, still insists

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