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CHESAPEAKE & O. RY. CO. v. CRAFT

No. 5576.

162 F.2d 67 (1947)

CHESAPEAKE & O. RY. CO. v. CRAFT.

Circuit Court of Appeals, Fourth Circuit.

May 13, 1947.

Attorney(s) appearing for the Case

Amos A. Bolen of Huntington, W. Va. (C. W. Strickling and Fitzpatrick, Strickling & Marshall, all of Huntington, W. Va., on the brief), for appellant.

Douglas Bowers of Beckley, W. Va. (L. L. Scherer and Scherer, Bowers & File, all of Beckley, W. Va., on the brief), for appellee.

Before PARKER, SOPER and DOBIE, Circuit Judges.

SOPER, Circuit Judge.

William T. Brown, who was totally deaf and sixty-eight years of age, was killed on July 14, 1945, by a local passenger train of the Chesapeake and Ohio Railway Company which approached him from the rear as he was walking along the railroad tracks near Mt. Hope, West Virginia. This suit was brought by the administratrix of his estate in the state court and was later removed to the federal court on the ground of diverse citizenship. The principal...

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