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NORFOLK & W. RY. CO. v. McKENZIE

No. 8383.

116 F.2d 632 (1941)

NORFOLK & W. RY. CO. v. McKENZIE.

Circuit Court of Appeals, Sixth Circuit.

January 8, 1941.

Attorney(s) appearing for the Case

O. T. Hinton, of Pikeville, Ky. (O. T. Hinton, of Pikeville, Ky., W. W. Coxe, of Roanoke, Va., and S. T. Saunders, of Washington, D. C., on the brief), for appellant.

John W. McKenzie and R. C. Van Sant, both of Ashland, Ky. (Hannah, Van Sant & McKenzie, of Ashland Ky., on the brief), for appellee.

Before SIMONS, HAMILTON, and MARTIN, Circuit Judges.

HAMILTON, Circuit Judge.

This is an appeal from a judgment pursuant to a jury verdict for Six Thousand ($6,000.00) Dollars in favor of appellee for personal injuries. The single question is whether there was substantial evidence to support the verdict.

Appellant maintains and operates a double track steam railroad which passes over United States Highway 52 at a point approximately five miles west of Ironton, Ohio. The underpass has an S-curve, with the tracks...

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