NORFOLK SOUTHERN RY. CO. v. SWINDELL

No. 5118.

139 F.2d 71 (1943)

NORFOLK SOUTHERN RY. CO. v. SWINDELL.

Circuit Court of Appeals, Fourth Circuit.

November 8, 1943.


Attorney(s) appearing for the Case

J. Kenyon Wilson, of Elizabeth City, N. C., for appellant.

John H. Hall, of Elizabeth City, N. C., for appellee.

Before PARKER, SOPER, and DOBIE, Circuit Judges.


PARKER, Circuit Judge.

This is an appeal in a railroad crossing collision case in which there was verdict and judgment for plaintiff; and the only question presented by the appeal is the sufficiency of the evidence to take the case to the jury against defendant's motion for a directed verdict.

The collision occurred around eight o'clock of a dark, foggy night in February near Elizabeth City, North Carolina, where the highway between Elizabeth City and Hertford...

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