VIRGINIAN RY. CO. v. ARMENTROUT

No. 5504.

158 F.2d 358 (1946)

VIRGINIAN RY. CO. v. ARMENTROUT.

Circuit Court of Appeals, Fourth Circuit.

November 21, 1946.


Attorney(s) appearing for the Case

Fletcher W. Mann, of Beckley, W. Va. (John R. Pendleton, of Princeton, W. Va., and J. O. Atkinson and Walter C. Plunkett, both of Norfolk, Va., on the brief), for appellant.

R. G. Lilly and A. A. Lilly, both of Charleston, W. Va. (W. F. Damron and O. D. Damron, both of Logan, W. Va., on the brief), for appellee.

Before PARKER, SOPER and DOBIE, Circuit Judges.


SOPER, Circuit Judge.

This case presents the account of an extraordinary accident to a 13 month old baby who strayed from his parent's house to a railroad track 289 feet distant, and was there run over by a passing engine, losing his left arm above the elbow and his right arm above the wrist. Two issues of negligence on the part of the railroad were submitted to the jury: (1) that the engineer failed to give adequate warning of the approach of the engine and (2) that...

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