CALLAWAY v. CHRISTISON

No. 9907.

148 F.2d 303 (1945)

CALLAWAY v. CHRISTISON.

Circuit Court of Appeals, Sixth Circuit.

March 26, 1945.


Attorney(s) appearing for the Case

James H. Anderson, of Chattanooga, Tenn., for appellant.

Harry Berke, of Chattanooga, Tenn. (Berke & Fleming, of Chattanooga, Tenn., on the brief), for appellee.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.


HICKS, Circuit Judge.

This appeal is from a judgment entered upon a verdict in favor of appellee. Appellant contends that his motion for peremptory instructions and for judgment non obstante veredicto should have been sustained.

On the morning of June 11, 1942, between 6:30 and 7 o'clock, appellee, driving a Ford car westwardly along 29th Street in Chattanooga, drove onto a railroad crossing where the car was struck and practically demolished by the front...

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