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VAN ALLEN v. ATLANTIC COAST LINE R. CO.

No. 9118.

109 F.2d 780 (1940)

VAN ALLEN et al. v. ATLANTIC COAST LINE R. CO.

Circuit Court of Appeals, Fifth Circuit.

February 16, 1940.

Attorney(s) appearing for the Case

W. Raleigh Petteway, of Miami, Fla., for appellants.

John B. Sutton and G. L. Reeves, both of Tampa, Fla., for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

Appellant, a guest in an automobile, brought this suit for damages suffered in a crossing collision between the automobile and appellee's railroad train. The claim was that the injuries were the direct and proximate result of the act of the defendant in "carelessly and negligently propelling and running its train against and upon the automobile." The defense was not guilty. The evidence concluded...

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