WHITLEY v. POWELL

No. 5503.

159 F.2d 625 (1946)

WHITLEY v. POWELL et al.

Circuit Court of Appeals, Fourth Circuit.

December 23, 1946.


Attorney(s) appearing for the Case

Hill Yarborough, of Louisburg, N. C., and John H. Zollicoffer, of Henderson, N. C., for appellant.

Murray Allen, of Raleigh, N. C., for appellees.

Before PARKER, SOPER, and DOBIE, Circuit Judges.


PARKER, Circuit Judge.

This is an appeal by plaintiff in a crossing accident case from a judgment under Rule 41(b), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, dismissing the action at the conclusion of her testimony on the ground that, on the facts and the law, she had shown no right to relief. The case was heard by the judge without a jury; and an initial question presented for our consideration is the rule of decision applicable on review...

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