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THOMPSON v. BOSWELL

No. 10497.

166 F.2d 106 (1948)

THOMPSON v. BOSWELL.

Circuit Court of Appeals, Sixth Circuit.

February 6, 1948.

Attorney(s) appearing for the Case

Walter P. Armstrong, Jr., of Memphis, Tenn. (Walter P. Armstrong, Emmett W. Braden and Walter P. Armstrong, Jr., all of Memphis, Tenn., on the brief; Armstrong, McCadden, Allen, Braden & Goddman, of Memphis, Tenn., of counsel), for appellant.

W. A. McTighe, of Memphis, Tenn. (William A. McTighe, of Memphis, Tenn., on the brief), for appellee.

Before HICKS, ALLEN and MILLER, Circuit Judges.

ALLEN, Circuit Judge.

This is an appeal by a trustee of a railroad company from a judgment of $5,600 for personal injuries in favor of the driver of an automobile who was injured at a railroad crossing at Cavell Crossing, Arkansas, by a freight train.

The case arises out of the following facts: On March 3, 1946, appellee, a war veteran recently discharged from the Marine Corps, was driving with numerous members of his family from Parkin, Arkansas, to Banner...

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