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VIRGINIAN RY. CO. v. ARMENTROUT

No. 5682.

166 F.2d 400 (1948)

VIRGINIAN RY. CO. v. ARMENTROUT.

Circuit Court of Appeals, Fourth Circuit.

February 19, 1948.

Attorney(s) appearing for the Case

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

R. G. Lilly and A. A. Lilly, both of Charleston, W. Va., for appellee.

Before PARKER, SOPER and DOBIE, Circuit Judges.

PARKER, Judge.

This is the second appeal in the distressing case of the infant whose hands and portions of whose arms were cut off by a backing locomotive in Raleigh County, West Virginia. On the first trial of the case, the jury failed to agree on a verdict. On the second trial, verdict was given for the plaintiff in the sum of $100,000, which we set aside, awarding a new trial for errors in the charge of the Court. Although we did not find it necessary at that time...

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