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BALTIMORE & O. R. CO. v. DENEEN

No. 5706.

167 F.2d 799 (1948)

BALTIMORE & O. R. CO. v. DENEEN.

Circuit Court of Appeals, Fourth Circuit.

May 3, 1948.

Attorney(s) appearing for the Case

John O. Henson and Harry H. Byrer, both of Martinsburg, W.Va., for appellant.

Clarence E. Martin and Clarence E. Martin, Jr., both of Martinsburg, W.Va. (Martin & Seibert, of Martinsburg, W.Va., on the brief), for appellee.

Before PARKER, SOPER and DOBIE, Circuit Judges.

DOBIE, Circuit Judge.

Plaintiff, Deneen, was injured when he attempted to drive his automobile across the tracks of the defendant, Baltimore and Ohio Railroad Company, and the automobile was struck by the diesel engine hauling a train of defendant. In the first trial of this case before the United States District Court for the Northern District of West Virginia, plaintiff recovered a judgment against the defendant for $3,600. That judgment was reversed by us,

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