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SOUTHERN RY. CO. v. TONEY

No. 5483.

156 F.2d 261 (1946)

SOUTHERN RY. CO. v. TONEY.

Circuit Court of Appeals, Fourth Circuit.

July 11, 1946.

Attorney(s) appearing for the Case

T. B. Greneker, of Edgefield, S. C. (F. G. Tompkins, of Columbia, S. C., on the brief), for appellant.

B. E. Nicholson, of Edgefield, S. C., for appellee.

Before GRONER, Chief Justice, U. S. Court of Appeals for the District of Columbia, DOBIE, Circuit Judge, and CHESNUT, District Judge.

DOBIE, Circuit Judge.

Mark Toney instituted, in a state court of South Carolina, a civil action against the Southern Railway Company. This action was removed to the United States District Court for the Western District of South Carolina.

The complaint sought damages for the destruction of plaintiff's automobile and for personal injuries suffered by plaintiff when the automobile collided with a tank car, a part of defendant's train which was standing across...

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